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Minnesota Journal of Law, Science & Technology

Abstract

AI raises the provocative possibility that patents could one day become obsolete. AI has the ability both to generate inventions and to simulate the perspective of a person having ordinary skill in the art (PHOSITA). This article explores the transformative impact of generative artificial intelligence (AI) on the United States patent system. The article supports a scenario in which everything becomes invented—and simultaneously, everything becomes obvious—thus challenging a foundational criterion for patentability. These developments can occur within established principles of inventorship, obviousness, and subject matter eligibility under U.S. patent law. Using a narrative case study and a test invention, the article illustrates how generative AI can produce patentable ideas and draft applications while also serving as a powerful prior art search engine and analytical tool for invalidating patents. Schumpeter’s concept of “creative destruction,” suggests that the patent system itself may face existential disruption, particularly as AI floods the USPTO with applications, accelerates patent thickets, and amplifies the problem of patent trolls. Potential legal responses, including proposed legislative reforms such as the Patent Eligibility Restoration Act and shifts in USPTO administrative guidance will have little effect. Apocalyptic outcomes are unlikely, but the patent system's evolution will be influenced by economic factors, cultural resistance to change, and rent-seeking and agency costs affecting the USPTO and key stakeholders. Already, inventors are increasingly relying on trade secrets and first-mover advantages. The patent system could soon fade into irrelevance as AI expands invention, complicates patentability, and potentially marginalizes patents as a tool for innovation protection.

AI will not destroy the patent system outright, but it will reshape it profoundly. Its disruption opens up the possibility for fundamental reforms.

Volume

27

Issue

1

Page

111

Year

2026

Rights

http://rightsstatements.org/vocab/InC-EDU/1.0/

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