Partner DeAnn Smith, co-chair of Foley Hoag's Patent Trial and Appeal Board Proceedings Practice Group, recently spoke with In Vivo about the evolving challenges and opportunities AI brings to biopharma intellectual property strategy.
She emphasized that, under current US and international law, only human inventors can be named on patents for AI-assisted drug discoveries, making it crucial for companies to document significant human contributions such as designing AI systems, crafting targeted prompts, or applying expert judgment to AI outputs.
DeAnn also noted that AI's integration into research may raise the standard for what is considered "obvious" in patent law, potentially making it harder to secure patents, while at the same time, AI can strengthen applications by generating extensive supporting data.
She advised companies to address IP ownership and rights contractually when using third-party AI platforms, and highlighted that, as case law develops, meticulous record-keeping and proactive legal strategies will be essential for protecting AI-assisted innovations in the rapidly changing biopharma landscape.
The full article can be viewed here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
