AI in the IP Department: Achieving the Optimal Balance between Human Intelligence & Artificial Intelligence Webinar
September 9, 2021 The commercial introduction of various AI applications has spurred interest by IP departments in adopting AI tools. It is essential to determine the effectiveness of such tools in the hands of experts- what are the best applications? and how much human effort is required before such tools can perform adequately? An overarching issue is to understand the optimal balance between HI (human intelligence) and AI, a key challenge facing today’s IP departments. This webinar reflects GPA’s long experience creating and utilizing tools to analyze patent information, the firm’s diverse efforts helping clients create an IP strategy road map to success in complex IP spaces, and recent work utilizing AI tools such as classifiers working in tandem with GPA’s technical experts. We’ll also draw from Cipher’s deep expertise in AI and machine learning and its application to the IP marketplace. The webinar covers the key pillars shaping effective use of AI: Introduction to AI-based classifiers, the importance of training data Applying classifiers (challenges, efficiencies and limitations) The subject matter expert’s role in applying AI classifiers Application to [...]
mRNA Vaccines: Intellectual Property Landscape
By Cecilia Martin and Drew Lowery Originally published July 28, 2020 The mRNA vaccine space is emerging as a promising alternative to traditional vaccine platforms, as mRNA vaccines can be manufactured quickly and tailored for a broad range of conditions. In clinical studies, mRNA vaccines targeting various infectious diseases and cancer were generally safe and well tolerated. Over the past few years, multiple mRNA vaccines have been refined and validated in studies of immunogenicity and efficacy. Four of the vaccine candidates currently in clinical trials to prevent COVID-19 (which is caused by SARS-CoV-2) are mRNA vaccines: mRNA-1273 (Moderna), BNT-162 (BioNTech), CVnCoV (CureVac), and LNP-nCoVsaRNA (Imperial College London). To better understand the intellectual property (IP) surrounding mRNA vaccine development, we generated a detailed IP landscape by reviewing and indexing English-language US, European, and international (covered by the Patent Cooperation Treaty) patents and applications published from January 2010 to April 2020 (Supplementary information). Documents were limited to filings containing claims restricted to vaccines encoded by mRNA. We identified 113 INPADOC patent families relevant to the search focus that were indexed by [...]
Who is leading the AI chips IP race? Best practice in IP management
By Bruce Rubinger and Jason Hannon February 12, 2020 AI and its diverse applications (eg, machine learning and deep learning) have seen significant market growth in the past decade and are on the cusp of transforming many industries. As one of the hottest technologies, AI underpins the performance of: data centers; voice assistants; targeted ads; medical diagnosis; product development; oil prospecting; insurance; security; driverless cars; and other needs. Empowering this transformation are specialised AI chips designed to optimise specific applications. This article highlights the deep insights that can be gleaned in a crowded market from an accurate IP landscape analysis of the opportunities for creating strong IP portfolios and the IP positioning of players in this critical AI-enabling sector. Areas that use AI for the Cloud range from cloud computing applications to digital assistants, self-driving and autonomous vehicles, and medical diagnosis. AI has also been adopted for advanced product development, as illustrated by the semiconductor industry, where it is employed to address the growing complexity of chip design. It is reported that AI processors implementing neural networks improve performance [...]
Leveraging Cutting Edge Biotechnology Research in Japan For Stronger IP Portfolios and Research Prioritization
By Chie Mueller-Hillebrand Ph.D., David Adamovich Ph.D., and Drew Lowery, Ph.D. December 10, 2020 Japan is not the first country that comes to mind when Senior Managers and IP Attorneys within the Massachusetts Biotech sector discuss leading edge biotech research and its implications for research directions and IP. However, as the Nobel Prize awards to Tasuku Honjo (2018) and Shinya Yamanaka (2012) of Kyoto University clearly demonstrate, many breakthroughs in cancer therapies originated there. Much of these scientists early work, including research and patent filings, was published only in Japan, in the Japanese language, and not in English. As a result, U.S. companies that failed to monitor Japanese language patents and literature were blindsided by this work. In this article we highlight several fields where Japan is a leader in biotech research, and illustrate how accessing Japanese language documents facilities more effective decision making in such areas as R&D, licensing, and IP strategy. Tasuku Honjo’s group discovered the function of Programmed Cell Death 1 (PD-1) in 1992, which subsequently led to the discovery of a whole new class of [...]
Successful IPRs – Lessons from the Trenches on Several Key Implementation Factors
By Bruce Rubinger and Brendan Sever November 30, 2020 (updated January 12, 2021) Introduction Inter-partes reviews (IPRs) have transformed patent strategy, providing a low-risk and (relatively) low-cost way to challenge the validity of patents. As of Sep 30, 2020 nearly 12,000 IPRs have been petitioned before the PTAB since the AIA went into effect. Of those, roughly 9,500 IPRs completed the Petition Phase to an institution ruling on the merits (excluding pending cases, settled cases, and cases dismissed or canceled), with nearly 2/3 being instituted in whole or in part by the PTAB (see Figure 1, courtesy of the USPTO). Based on data from RPX Insight, of the cases instituted on the merits and reaching final written decision, 53% were found unpatentable on all patent claims with another 28% found partially unpatentable (ie., “mixed”). While these statistics suggest great petitioner success, they also suggest many thousand unsuccessful IPRs. Figure 1. Post-grant Institution Rates, courtesy USPTO It is legally and financially beneficial for a defendant in a patent infringement dispute to utilize the IPR process to attempt to invalidate the [...]