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The Intellectual Property StrategistFeaturesIntellectual PropertyPatent Licensing and TransactionsPatent Litigation

Recent Patent Trial and Appeal Board Approaches to Patent Claims on Medical Technology Implementing AI

By Jim Soong
February 01, 2024

This article briefly analyzes recent Patent Trial and Appeal Board (PTAB) decisions on medical technology incorporating artificial intelligence (AI). Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility. The innovations at issue relate to a range of medical technologies concerning anatomical location-based machine learning models to predict pathological abnormalities, operation of a robotic surgical device prompted by an intra-operative surgical recommendation, and polygenic models to predict characteristics of individuals based on genetic variants. The decisions reveal different PTAB approaches and results that can inform prosecution and appeal strategies.

PTAB Decisions

Reversal of Prior Art Rejection, No Alice Issue

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