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  • Writer's pictureMatt Melancon

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.

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