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.