Attorney William G. Pagán has been selected to speak at the United States Patent and Trademark Office (USPTO) on Thursday, July 25, 2024 to discuss the impact of Artificial Intelligence (AI) on prior art and the Person Having Ordinary Skill In The Art (PHOSITA) standard. In this regard, he joins some of the nation’s leading authorities on AI and patent policy.
The event will address many controversial issues relating to whether (and how) patent practice should be adapted in view of AI. Some of the questions advanced by the USPTO generally relate to:
- Should non-human prior art disclosures be treated differently from human prior art disclosures and, if so, how?
- Does the availability of AI impact how obviousness is analyzed in any way?
- Should the current examination practices be adjusted in view of AI, e.g., to help examiners make sound rejections under §101, et seq.?
Attorney Pagán has long been a fervent advocate for greater predictability in the examination of software-related patents in general, and AI-related patents in particular. His enthusiasm in this domain is informed by his substantial legal experience in prosecuting software patents and his noteworthy industry experience inventing and programming software solutions. Although the Office has very recently issued enhanced guidance on this topic, Attorney Pagán is expected to address how the current subject matter eligibility guidelines might be further improved to better protect inventions implicating AI.