AI x Life Science

Navigating IP Risks in AI-Powered Life Science Innovation

AI is transforming drug discovery, diagnostics, and medical devices—cutting timelines by years. But the law is struggling to keep up. Understanding the evolving IP landscape is critical for protecting your innovations.

New Development — December 2025

USPTO Signals Expanded Patent Eligibility for AI and Diagnostics

Director Squire's USPTO is taking a more favorable stance on AI and diagnostic patent eligibility. The recent In re Desjardins decision and new guidance memoranda create a window of opportunity for life science companies to secure broader patent protection.

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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#Diagnostics#Section101#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).

Evolving Eligibility Standards

The USPTO under Director Squire is signaling a more expansive view of patent eligibility for AI and diagnostics inventions—now is the time to file.

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

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Using AI in your life science innovation?

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

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