ChatGPT Is Not A Skilled Person

In a recent decision T 1193/23 - 3.2.06 by the Boards of Appeal of the European Patent Office (EPO), the role of artificial intelligence, specifically ChatGPT, in interpreting patent claims was scrutinized.

The Case Background

The patent in question, EP 3118356, was opposed by Saurer Spinning Solutions GmbH & Co. KG, who argued that the patent lacked novelty and inventive step. The patent proprietor, Rieter CZ s.r.o., relied on responses from ChatGPT to support their interpretation of certain terms in the patent claims. However, the Board of Appeal dismissed the relevance of these responses, emphasizing that the understanding of a skilled person in the technical field is paramount.