Artificial intelligence and the re-imagination of inventive step

Artificial intelligence alleviates the work of the inventor. It may even in a distant future take the place of the human inventor. Legal literature has amply reflected about the implications of AI for the requirement of inventive step. In the literature, much attention has been paid to the algorithms of AI since the role they play seems to be the most similar to that of the human inventor. Although it cannot be completely ruled out that the human inventor will eventually be displaced, it seems to be something for a distant future. This article analyses the implications for the inventive step requirement and concludes that the introduction of a machine-skilled in-the-art as a criterion figure creates many new problems and that in the foreseeable future, existing criteria may function better than is sometimes suggested.