Patenting Artificial Intelligence: Issues Of Obviousness, Inventorship, And Patent Eligibility

Artificial intelligence ("AI") is rapidly transforming the world of medicine, as the recent decades have marked a surge in the development of medical AI.¹ These thinking machines are now used in diagnosis, treatment, and drug development. As the technology advances, so too must our understanding of patent law and patent protection. The use of AI in these fields raises several issues, all hinging on the question of personhood and human contributions, affecting both inventorship (and ownership) and patentability (including subject matter eligibility and predictability). This article addresses these questions in turn after addressing the recent advances in medical AI.

Artificial Intelligence in Medicine