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Med Tech Patent Case Offers Examples for AI Enabled Innovation In Any Industry
In Ex parte Michalek, Appeal No. 2023-004204 (PTAB Dec. 27, 2024), the Patent Trial and Appeal Board (PTAB) evaluated an invention involving medical health technology and artificial intelligence. The PTAB specifically acknowledged that the patent claims at issue recited new information about the nexus between certain biomarkers and development of lung cancer as facilitated by machine learning. In fact, prior to appeal, the applicant had successfully overcome all rejections under section 103. Notwithstanding, based on Patent Office guidance, the PTAB still determined the claims were flawed from the perspective of subject matter eligibility. Although the facts in this decision concern medical health innovation, the decision is helpful to inform patent strategy for AI enabled inventions across various disciplines and industries.
The claimed invention, which enjoyed priority from a provisional application filed on April 29, 2011, related to a system for classifying data. The independent claim at issue recited a computer comprising a representation of a random forest classifier or an adaptive boosting classifier trained using at least 30 training data vectors. In the independent claim, each training data vector represented a human and comprised biomarker measures of a set of biomarkers. Each training data vector also comprised a classification with respect to a disease state of the human. The computer was configured to receive test data comprising biomarker measures for the set of biomarkers in a human test subject, evaluate the test data using the classifier, and output a classification of the human test subject. The independent claim also recited a list of specific biomarkers as the set of biomarkers.
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