Artificial Intelligence and Diagnostic Inventions: Significant shifts in the Examination of Patent-Eligible Subject Matter

The emergence of artificial intelligence (AI) systems offers paradigm-shifting advances in many areas of human endeavor, including healthcare. Yet, innovations in AI and diagnostic medicine have met significant patent-eligibility hurdles in recent years. Innovators will therefore be interested in recent, patent-friendly changes in US Patent Office policy and proposed legislation to reform US patent law regarding subject-matter eligibility, and to adapt their patent practice and strategy accordingly to benefit business needs.

This topic covers:

• a brief introductory history of US patent-eligible subject matter examination and case law
• recent changes in USPTO policy and proposed legislative reform
• adapting patent practice and strategy to benefit business needs, including identifying patent-eligible inventions, IP cost allocation and control, portfolio management, and consistency in approach across the portfolio and multiple jurisdictions