In Short
The Situation: Artificial intelligence
("AI") is emerging as a key driver of innovation in the
biopharmaceutical industry, which uses AI in research and
development ("R&D") to analyze big data.
The Result: AI is already transforming
the R&D process in the biopharmaceutical industry, and that
disruption will only increase as AI capabilities expand. At the
same time, AI's disruption of traditional concepts of
intellectual property ("IP") law will have a significant
impact on the biopharmaceutical industry.
Looking Ahead: The United States Patent
and Trademark Office ("USPTO") recently sought public
comment on a variety of fundamental questions related to AI,
including asking whether new forms of IP protection are needed to
protect AI-related innovations. The biopharmaceutical industry in
the United States should continue to monitor legal developments as
they unfold in the USPTO, Congress, and the courts.