Even if PHOSITA has certain deficits, there’s no reason to edit it now while technology still lags.

“Putting the Person in PHOSITA: The Human’s Obvious Role in the Artificial Intelligence Era” 2021, 62 B.C. L. Rev. 1413 (2021), https://lawdigitalcommons.bc.edu/bclr/vol62/iss4/8

New technologies present new challenges. As the patent system adapts to addressing the needs of expanding AI capability, it is important that past lessons inform modern practice. Even minor attempts to alter the doctrine based on whether a given technology contributes to an invention could throw the test into disarray. Current obviousness analysis provides a sufficiently flexible standard for evaluating inventions created by or with the aid of AI technology. Unless or until current obviousness doctrine proves unable to accommodate this expanding technology, we should not rush to alter it.