@article{ART003186202},
author={Kim Si Yeol},
title={A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions},
journal={Journal of Software Assessment and Valuation},
issn={2092-8114},
year={2025},
volume={21},
number={1},
pages={1-11}
TY - JOUR
AU - Kim Si Yeol
TI - A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions
JO - Journal of Software Assessment and Valuation
PY - 2025
VL - 21
IS - 1
PB - Korea Software Assessment and Valuation Society
SP - 1
EP - 11
SN - 2092-8114
AB - 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.
KW - Artificial Intelligence;Hindsight Bias;Non-Obviousness;Invention;PHOSITA
DO -
UR -
ER -
Kim Si Yeol. (2025). A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions. Journal of Software Assessment and Valuation, 21(1), 1-11.
Kim Si Yeol. 2025, "A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions", Journal of Software Assessment and Valuation, vol.21, no.1 pp.1-11.
Kim Si Yeol "A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions" Journal of Software Assessment and Valuation 21.1 pp.1-11 (2025) : 1.
Kim Si Yeol. A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions. 2025; 21(1), 1-11.
Kim Si Yeol. "A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions" Journal of Software Assessment and Valuation 21, no.1 (2025) : 1-11.
Kim Si Yeol. A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions. Journal of Software Assessment and Valuation, 21(1), 1-11.
Kim Si Yeol. A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions. Journal of Software Assessment and Valuation. 2025; 21(1) 1-11.
Kim Si Yeol. A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions. 2025; 21(1), 1-11.
Kim Si Yeol. "A Study on the Exclusion of Hindsight in the Determination of Inventive Step for AI-enabled Inventions" Journal of Software Assessment and Valuation 21, no.1 (2025) : 1-11.
