In the life sciences, artificial intelligence (AI) may be facilitating a sea change in how diseases are diagnosed, prognosed, and treated, and even how therapies are discovered and produced. Indeed, it is possible for AI to provide insights into disease and treatment that could not have been identified by one or a group of human brains. Translating the union of AI with life sciences technologies into patentable inventions within the framework of the current U.S. patent system, however, is not necessarily a straightforward task. Fortunately, the U.S. Patent and Trademark Office (USPTO) is working diligently to provide guidelines for practitioners to make the path to patentability less uncertain.
On August 27, the USPTO published a Notice in the Federal Register requesting information from the public on AI patent-related issues, including feedback on questions pertaining to the intersection of AI and patent law.
The life sciences community is likely to provide unique commentary on these and other questions as the strategic application of AI continues to drive innovation in this sector. Input from the life sciences community is certain to aid the USPTO in developing guidance that will provide a more predictable path to navigate patenting of AI technologies.