In the USPTO Hour today on AI Updates, USPTO officials confirmed that the USPTO Gen AI LLM models being used at the Office apply a conventional PHOSITA standard for obviousness -- not a PHOSITA standard that assumes a person uses a wide-ranging AI tool.
In response to questioning, Stefanos Karmis, Acting Deputy Chief Policy Officer for Patents and Innovation, and Barry Schindler, Deputy Commissioner for Patents, explained the Office requires a conventional PHOSITA standard in its statements of work for developing its Gen AI LLMs but is continuing to monitor relevant case law in this area.
Mr. Schindler further explained the Office Gen AI tool is being securely integrated within examiners’ existing application framework to provide analysis on claim construction, summary of invention, priority date, claims to reference mapping to prior art, and analysis under Sections 101, 102, 103 and 112.
See more information at: https://www.uspto.gov/about-us/events/uspto-hour-artificial-intelligence-updates
By: Mike Messinger