The sophisticated capabilities that AI provides to ordinary practitioners cannot be dismissed simply because they arise from complex or seemingly unpredictable technology.
This dramatic expansion of capabilities raises a crucial question for patent law: Has the widespread adoption of AI tools fundamentally changed what constitutes 'ordinary skill' in drug discovery?
As AI tools become standard equipment in research and development, they effectively raise the baseline capabilities of skilled practitioners, necessitating an adaptation in patent law.
Patent law must adapt to this new reality, particularly in its concept of a 'person having ordinary skill in the art' which is central to nonobviousness.
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