Envisioning Patent Litigation with AI-Generated Evidence

• AI technology may be able to provide useful evidence in determining patent obviousness by showing that an AI was capable of predicting a claimed feature based on known information.

• ChatGPT was tested as a tool for patent litigation attorneys demonstrating a potential use as evidence similar to simulations or other similar scientific methods.

• There are limitations that must first be overcome, namely (1) the objectionability of a prompt to ChatGPT and (2) the reliability upon ChatGPT's statements.

• With current investments in these technologies, it is reasonable to believe that we may see AI-generated evidence in the patent litigation space.

Read more at: https://www.law360.com/ip/articles/1584867/ai-can-almost-generate-evidence-of-patent-obviousness?copied=1