AI as a Tool for the "PHOSITA"

An ongoing discussion in the field of artificial intelligence (AI) and patent law relates to the implications of AI toward the standard for a person having ordinary skill in the art (“PHOSITA”). While the PHOSITA is a legal fiction, resolving the level of ordinary skill in the pertinent art is one of the Graham factors enunciated by the Supreme Court in the framework for determining obviousness under 35 U.S.C. §103.[1]

However, this post is not about what the PHOSITA is for an invention in the field of AI itself, such as an invention related to neural networks.  Rather, it pertains to the fact that AI is a tool that is potentially applicable to a variety of industries and applications.  In other words, AI itself is tool that can enhance the productivity and output of persons having skills in many arts, and therefore AI could be assumed to be available to the PHOSITA when making a determination of obviousness even when the invention is not AI-related.

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