Lexology July 16, 2024
Published in Bloomberg Law (July 15, 2024) by Barish Ozdamar, Omar Khan, Amy Mahan and Iva Dincheva
Personalized medical intervention is in a transformative phase as artificial intelligence algorithms are increasingly deployed to tailor treatments for individual patients based on their unique characteristics. Developers face the task of adequately protecting AI-based technologies under current US patent jurisprudence. Enablement and necessary disclosures to obtain patents related to AI are one such challenge. Roughly a year has passed since the US Supreme Court delivered its enablement ruling in Amgen Inc. v. Sanofi, where the court refined the boundaries of undue experimentation. In Amgen, the challenged patent included broad functional claims to any antibody that bound to a protein and functioned a certain...
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