Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Emerging Legal Terrain: IP Risks from AI's Role In Drug Discovery
Drug discovery involving artificial intelligence (AI) tools has quickly occupied significant territory in the pharmaceutical industry. One study found that the number of startup drug candidate pipelines employing AI is roughly equivalent to 50% of the preclinical programs of big pharmaceutical firms. See, Jayatunga et al., "AI in Small-Molecule Drug Discovery: a Coming Wave?" Nature Reviews, March 2022. The prevalence of AI has generally led to significantly reduced drug discovery timelines. Current research data indicates that AI-driven discovery pipelines on average reach the preclinical phase within four years, compared to the conventional expectation of five to six years. Id.
Despite the values brought to the business, the rapid implementation of AI might have created unintended effects in law that could severely impact a pharmaceutical company's right to the drug. The IP rights in AI-driven drugs, like those in drugs discovered using conventional methods, will mostly take the form of patent exclusivity before the generic market is open to competitors. Yet, AI use in drug discovery is still early enough, that if AI "discovers" the drug, the state of law has not yet been established to address whether the pharmaceutical company will enjoy a similar exclusivity. Two recent case decisions, despite not being related to drug discovery, are examples signifying that there can be circumstances where a pharmaceutical company may not be entitled to the same exclusivity. In a copyright registration case, the U.S. Copyright Office has denied the registration of an artwork named "SURYAST" that was generated by AI, finding insufficient human authorship in the creative work. On the patent front, in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), the Federal Circuit held that the term "inventor" in the Patent Act refers to a natural person, and, thus, AI cannot be an inventor. The logical extension of the holding of Thaler is that, if AI is deemed the sole inventor of a drug, the drug will be ineligible for patenting under 35 U.S.C. §101, which states, "whoever invents … may obtain a patent …."
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.