Patents on Inventions Involving AI in the Life Sciences and Healthcare

Abstract

In recent years, the relevance of artificial intelligence (AI) and its potential applications in various technical areas of the life sciences and healthcare have increased. The accumulation of big data, the development of algorithms, and improvements in computer processing capacity have made possible the integration of AI in the life sciences and healthcare. Some examples of AI applications in these fields are drug and molecular design, the prediction of disease risk, diagnosis of diseases, detection of cancerous cells and tumors, genomics, the monitoring of therapeutic progress, the adjustment of therapeutic treatment, and improvements in manufacturing processes. Such applications change the mode of work in hospitals and for doctors and give rise to interdisciplinary products for which a company seeks a monopoly under patent law. A patented technical monopoly may facilitate a company a dominant market position and a return on investment. However, a patent monopoly is subject to legal regulations that define the preconditions for a patent grant as well as exclusion criteria. These may vary in the particular country for which a patent is sought. This chapter is based on the European Patent Convention (EPC) and the case law of the Boards of Appeal of the European Patent Office (EPO). The examples of granted or refused patents presented here may be assessed differently by other jurisdictions [e.g., the United States Patent and Trademark Office (USPTO), Japan Patent Office (JPO), China National Intellectual Property Administration (CNIPA)].