Kim Si Yeol
| 2025, 21(1)
| pp.1~11
| number of Cited : 0
This paper analyzes how the problem of hindsight in determining inventiveness under patent law is exacerbated by the use of artificial intelligence technology in the invention process, and seeks solutions. In the process of determining inventiveness, examiners are prone to hindsight bias, which occurs when an examiner evaluates an already completed invention and thinks it was easy to invent something that was actually difficult to derive. Recent advances in artificial intelligence technology have exacerbated this problem, as sophisticated AI technology has moved from simply facilitating invention efficiency to enhancing the inventor's own creative ability. As a result, AI-enabled inventions often have sophisticated and organized logical structures, which increases the risk of misleading examiners into thinking that the invention can be naturally derived from prior art. To address these issues, we propose several solutions that, combined with existing discussions, could provide meaningful solutions to hindsight problems in AI-era patent examination.