December 01, 2019 Feature

Informed Drafting and Prosecution of Software and AI Patents

Kate Gaudry and Rodney Rothwell

©2019. Published in Landslide, Vol. 12, No. 2, November/December 2019, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Making an informed decision requires a circumstance in which actions have predictable results. For example, suppose that Action A is 90 percent likely to result in Result A and 10 percent likely to result in Result B, while Action B is 100 percent likely to result in Result B. A decision maker can then weigh the cost of Action A, the potential value of Result A, the cost of Action B, and the potential value of Action B to determine which action to take. In some instances, result predictions depend on a set of variables. Knowing these variables increases the degree to which an informed decision can be made. When these variables depend on luck or future events, risk-adverse decision makers will be more likely to avoid costly actions.

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