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International perspectives on AI-driven pharmaceutical IP challenges.
Grace Y Wang1, Jian-Ming Hao2, Joe G Chen2
1West Windsor High School-North, West Windsor, NJ, United States.
Frontiers in Digital Health
|July 13, 2026
Summary
Artificial Intelligence (AI) is revolutionizing drug design and personalized medicine. However, AI inventorship challenges impact pharmaceutical intellectual property (IP) protection, particularly under US law.
Area of Science:
- Pharmaceutical Science
- Intellectual Property Law
- Artificial Intelligence
Background:
- Artificial Intelligence (AI) significantly impacts pharmaceutical development, from optimizing patient care to accelerating drug discovery.
- The integration of AI into pharmaceuticals introduces complex challenges for existing intellectual property (IP) frameworks, especially concerning inventorship.
- Patent protection for AI-driven innovations is a critical concern for the pharmaceutical sector.
Purpose of the Study:
- To review AI-driven innovations in personalized medicine and drug design.
- To analyze inventorship issues affecting pharmaceutical patent protection.
- To examine legal developments and comparative approaches to AI inventorship in the US, Germany, and China.
Main Methods:
- Literature review of AI applications in pharmaceuticals.
- Analysis of US legal precedents, including Thaler v. Perlmutter.
- Comparative legal analysis of inventorship laws in Germany and China.
Main Results:
- The US Supreme Court's denial of certiorari in Thaler v. Perlmutter definitively resolved AI inventorship under US law.
- Comparative analysis reveals differing international approaches to AI inventorship.
- Specific, targeted lessons for stakeholders were identified.
Conclusions:
- Navigating the intersection of AI and pharmaceutical IP requires understanding evolving legal landscapes.
- The US legal framework now clarifies that AI cannot be an inventor.
- Stakeholders can adapt by focusing on specific lessons rather than broad reforms to manage AI-related IP challenges.
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