Ahsan Shaikh co-authors IAM article on how AI coding tools are reshaping the obviousness standard for software patents

Ahsan Shaikh, together with Jaya Nair of ASML San Jose, authored an IAM article examining how the rise of AI-assisted “vibe coding” is likely to shift how patent examiners and courts assess obviousness for software inventions.

The authors explain that because the legal standard for “ordinary skill” is tied to what tools were commonly used in the field at the time a patent was filed, routine implementation and integration work becomes easier to characterize as ordinary skill once AI coding assistants are the norm — making thin, functional software claims more vulnerable to obviousness challenges. They note this effect is asymmetric: while it raises the bar on obviousness, it does little to lower the disclosure requirements under Section 112, since AI tools can’t substitute for showing that inventors actually possessed, defined, and described their invention at filing.

The piece offers concrete guidance for IP teams — from strengthening technical disclosure when drafting new patents to preserving dated records of AI tool use, failures, and human contributions that could support or defend against future obviousness challenges.