Thinker reveals glitch in international patent legal guidelines

Dr. Mo Abolkheir, a logician that specialize in innovations and patents, has known a logical fallacy—a wrong argument that can seem legitimate however is in response to misguided reasoning—inside the regulation.

Revealed within the Magazine of Highbrow Assets Legislation & Observe, Dr. Abolkheir’s editorial identifies a logical fallacy embedded inside the ‘non-obviousness’ requirement in patent regulation, a flaw that had long past not noted till now.

Dr. Abolkheir has termed this the inventio advert hominem fallacy, a variation of the classical advert hominem fallacy, an instance of which is the carrying analogy of taking part in the person reasonably than the ball. He explains that patent places of work, when assessing an invention’s patentability, had been inadvertently inspecting the cognitive talents of the inventor reasonably than the discovery itself. He suggests this introduces bad subjectivity into the method, with regards to various oblique interpretations of an inventor’s highbrow capability, reasonably than at the technical deserves of the discovery.

“The inconsistency within the patent overview procedure has made patents extra susceptible to post-grant invalidation, undermining their financial worth and jeopardizing the companies that depend on them,” defined Dr. Abolkheir, based totally within the College of Science and Engineering.

“Patents are meant to be dependable intangible property upon which investments and companies are constructed. This logical fallacy has compromised their reliability.”

In his find out about, Dr. Abolkheir raises considerations concerning the doable interplay between AI developments and the present wrong patent gadget. He warns that if the inventio advert hominem fallacy isn’t addressed, the rising energy of AI may just exacerbate present problems, making patent packages more and more tough to grant and granted patents extra at risk of revocation.

“AI is a fantastic software for innovation, however we wish to repair the gadget’s logical flaw prior to we let AI unfastened in it,” he added.

Dr. Abolkheir is now running on a substitute for the “non-obviousness” same old the use of a brand new framework and his instant center of attention is on sparking a vital debate about reforming the patent gadget. “Spotting the logical fallacy is step one in opposition to making patents dependable once more,” he mentioned, urging policymakers, prison pros, and inventors to interact in a discussion about the way forward for patent regulation.

He concluded, “Additional analysis is had to to find a substitute for non-obviousness, such because the Part-Causation framework I can provide in different places, which resolves the logical fallacy, gives extra objectivity and controls the AI possibility.

“However spotting the lifestyles of the logical fallacy is a vital initial step, and one that are meant to suggested a much-needed dialogue on reform within the patent gadget.”