Patent & Trademark - Healthcare Empowered

Summary of article from Foley & Lardner LLP, by Nikhil T. Pradhan:

The analysis of patent portfolios for nine AI drug discovery companies reveals a predominant focus on conventional pharmaceutical technologies over AI/machine learning (ML) innovations, though AI/ML filings are increasing. Companies’ patent strategies generally align with their commercial targets, though AI/ML patents often lack specific target details, suggesting broad applicability. Comparisons with the overall patent landscape show these companies have fewer filings than established “big pharma,” indicating potential opportunities for strategic patent development. The findings suggest that AI drug discovery firms could enhance their competitive edge by expanding patent protections across various drug and target classes, leveraging both conventional and AI/ML technologies. This strategic expansion could be crucial given the impending patent cliff and the rapid evolution of the biotech/pharma sector.

Summary of article from Bloomberg Law, by Annelise Gilbert:

The US Patent and Trademark Office (USPTO) has proposed a rule that would create a repository for all settlement agreements related to patent challenges, potentially exposing pharmaceutical companies to antitrust scrutiny. The proposed rule would expand the requirements for companies to file detailed reports after reaching a settlement. The new requirement could assist the FTC and DOJ in determining if antitrust laws have been violated, and may also give non-agency third parties expanded access to the agreements. The proposal has raised concerns in the pharmaceutical industry about the disclosure of confidential agreements and potential antitrust investigations. The rule aligns with an executive order from President Joe Biden encouraging federal agencies to cooperate in policing anticompetitive practices.