Med-Tech Innovation January 10, 2024
Ryan Phelan, partner and registered patent attorney at Marshall, Gerstein & Borun, examines the intellectual property challenges involving artificial intelligence in the medical technology sector.
Increasingly, artificial intelligence (AI) tools like ChatGPT and GitHub Copilot are reshaping corporate operations. They can boost efficiency, particularly in software development and content creation. Yet, integrating these AI tools poses challenges, particularly in intellectual property (IP) rights. The risk of losing IP rights through AI-generated data is significant, especially in the U.S., where patent laws are strict about public disclosures. This concern is critical for companies relying on AI for innovation and content generation, especially those in the medical device or platform space.
FDA’s definitions of software-based medical devices
The Food & Drug Administration...
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