AI Drug Discovery

Navigating IP Risks in AI-Powered Pharmaceutical Innovation

AI is transforming drug discovery, cutting timelines by years. But the law is struggling to keep up—understanding the IP landscape is critical for protecting your innovations.

Award-Winning Research

Burton Law360 Distinguished Legal Writing Award

Recognized for "Emerging Legal Terrain: IP Risks from AI's Role in Drug Discovery" — one of only 20 articles selected from the nation's 1,000 largest law firms.

#AIPatents#Inventorship#DrugDiscovery#StartupIP#BigPharma#M&A

Key Legal Considerations

Human Contribution Required

Patent protection requires significant human contribution to the invention—AI cannot be listed as an inventor under current law (Thaler v. Vidal).

Compound Risk Profiles

Small molecules carry lower IP risk than antibodies/polypeptides because synthesis is unpredictable, requiring human contribution to reduction to practice.

Documentation Critical

Proper documentation of human contributions vs. AI involvement is essential for patent applications and M&A due diligence.

Different Perspectives

For Startups

  • Loss of exclusivity on drug candidates can be a deal-killer for acquisitions
  • Engage IP counsel early to structure discovery processes properly
  • Balance innovation marketing with IP protection in publications
  • Avoid overemphasizing AI's role in ways that minimize human contribution

For Big Pharma

  • Benefits of AI tools typically outweigh IP risks, but risks must be managed
  • Add AI involvement investigation to standard M&A due diligence
  • Review AI tool licensing agreements for potential co-inventorship issues
  • Develop practical documentation standards that don't burden research

Related Articles

May 202415 min read

Emerging Legal Terrain: IP Risks from AI's Role in Drug Discovery

Exploring the legal implications of AI-driven drug discovery, including patent eligibility, inventorship challenges, and strategies for pharmaceutical companies to protect their innovations.

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August 202510 min read

10 Critical Missteps to Avoid When Building AI Governance Policies for Life Sciences Companies

Key mistakes life sciences companies make when developing AI governance frameworks, from patent inventorship complexities to inadequate documentation standards.

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January 20258 min read

Balancing AI-Powered Drug Discovery's Risk and Reward

Understanding how patenting drugs discovered with AI assistance requires significant human contribution, and strategies for startups and big pharma to navigate these challenges.

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December 20246 min read

AI & Drug Discovery: Key Patent Considerations

Diving into the Thaler v. Vidal decision and what it means for the future of life sciences and technology patents when AI assists in innovation.

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December 20246 min read

AI & Drug Discovery: Risk Profiles from Startups to Big Pharma

Exploring considerations for companies large and small innovating in AI drug discovery, including ensuring human contribution and assessing third-party AI tools.

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What Startups and Big Pharma Need to Know About AI Drug Discovery

Comprehensive guide on IP risks, licensing considerations, M&A due diligence, and documentation practices for companies using AI in drug discovery.

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Using AI in your drug discovery pipeline?

I help pharmaceutical companies and biotech startups develop IP strategies that protect AI-assisted discoveries while positioning for successful exits and partnerships.

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