Safeguarding a Human-Centric Patent System: The Case of the Inventive Step Test.

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Kahwaji, Alia (2025) Safeguarding a Human-Centric Patent System: The Case of the Inventive Step Test. European Journal of Law and Technology, Vol. 16 (No. 1 (2025)). ISSN 2042-115X

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Abstract

In recent years, the impact of AI on patentability criteria has garnered significant attention in both academic and legal spheres, sparking proposals ranging from upgrades to patent criteria to major posthumanist reforms. However, a crucial gap remains in understanding how AI tools specifically affect the inventive step test and the disclosure requirements when viewed through the lens of the patent bargain theory in both modern and postmodern contexts. This gap largely stems from the prevalence of economic narratives surrounding the patent system and the perceived efficiency of AI tools. This paper addresses this oversight by adopting a normative doctrinal approach that aligns the technical analysis of AI’s impact with a human-centric strategy for patent policy. Focusing on the disclosure requirement and the inventive step test, the paper highlights the need to reassess the patent system’s structure and policy directions in light of the increasingly sophisticated AI tools used in the inventive process. The analysis reveals that AI tools influence definitions of prior art, the concept of a skilled person, and her general knowledge, highlighting the need to revisit the disclosure requirement. The paper argues that posthumanist solutions are neither proportionate nor appropriate, proposing a revised definition of ‘progress instead’ to reshape broader patent policy.

Item Type:	Article
Faculty \ School:	Faculty of Social Sciences > School of Law Faculty of Social Sciences
Related URLs:	https://ejlt.org/index.php/ejlt/article/...
Depositing User:	LivePure Connector
Date Deposited:	21 Jul 2025 14:30
Last Modified:	23 Jul 2025 00:35
URI:	https://ueaeprints.uea.ac.uk/id/eprint/99963
DOI:

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