Artificial Intelligence (AI) and Intellectual Property (IP)
Original Editor - Angeliki Chorti
Top Contributors - Angeliki Chorti
Introduction
Artificial Intelligence (AI)
Artificial intelligence (AI) is an unbrella term encopassing computer science and the use of technology to mimic human intelligent behaviour and thinking processes. [1] Although it is reported that it has not reached its full potential yet, AI is envisaged to substantially contribute to various areas in healthcare including clinical practice and research, [2] health education, health systems and professional practice. [3]
Intellectual Property (IP)
Intellectual Property (IP) refers to a general legal term that ensures the safeguard of ideas, the expression of ideas, and protects inventors of such ideas from others interfering with or using IP in specific ways. [4] [5] To a certain extent, IP resembles real property, giving the legal right to buy, sell, assign and licence. [4] Therefore, IP gives its owner protection from unlawful use by others, commonly reported as infringement. [4]However, this is not the sole advantage of IP; by ensuring exclusivity to inventors or creators of that property, it makes it possible to reap commercial benefits, get a competitive economic advantage and attract investors that are interested in these creations. [6]
Types of IP
Types of IP are described below. Differences in types of IP protection depend on factors such as the subject matter that can be covered, timeframe of protection, and total expense. [5] Some property rights may be covered by multiple types of IP protection, and therefore careful consideration must be payed before on a number of business, monetary and legal factors before selecting the best IP strategy. [5]
Patent
A patent ensures that a a new invention (e.g. the application of a new idea, discovery, or innovative concept) is properly protected. [4]
Copyright
Copyright inhibits unlawful copying for any creative work (e.g., works of art/music/ lyrics/ photographs/ literature), business and scientific publications, computer software, and compilations of information. [4]
Trademark and Trade Secret
A trademark allows the use of symbols, particular words, logos, or other markings that indicate the source of a product or service. [4] It can also extend to keeping an invention secret, rather than to disclose it. [4] Trade secrets may never expire, but special measures are necessary to keep the continued secrecy and legal protection for the owner in the event of a violation. [4]
AI and IP
The use of AI in healthcare may place some challenges for individuals, companies and/or organisations who want to protect their ventures as well as for policy makers and society. [7] Despite its envisaged remarkable ability to reform the healthcare and public health sector, attention should be paid to concerns around problems such as current lack of transparency and distance from human intelligent behaviour and further enquiry should be made around key issues and considerations around IP. [7] The world is increasingly taking into account potential legal and ethical issues around AI and IP and this is evident in legal frameworks such as the AI Act in Europe, revisions of Copyright Acts and Unfair Competition Prevention Acts in countries, [8]
Resources
World Intellectual Property Organisation (WIPO)
References
- ↑ Amisha, Malik P, Pathania M, Rathaur VK. Overview of artificial intelligence in medicine. J Family Med Prim Care. 2019 Jul;8(7):2328-2331.
- ↑ Ohno-Machado L. Data science and artificial intelligence to improve clinical practice and research. J Am Med Inform Assoc. 2018 Oct 1;25(10):1273.
- ↑ Lavoie-Gagne O, Woo JJ, Williams RJ 3rd, Nwachukwu BU, Kunze KN, Ramkumar PN. Artificial Intelligence as a Tool to Mitigate Administrative Burden, Optimize Billing, Reduce Insurance- and Credentialing-Related Expenses, and Improve Quality Assurance Within Health Care Systems. Arthroscopy. 2025 Mar 20:S0749-8063(25)00216-6.
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Brown WM. Intellectual property. Methods Mol Med. 2000;40:227-41.
- ↑ 5.0 5.1 5.2 Voss T, Paranjpe AS, Cook TG, Garrison NDW. A Short Introduction to Intellectual Property Rights. Tech Vasc Interv Radiol. 2017 Jun;20(2):116-120.
- ↑ Saha CN, Bhattacharya S. Intellectual property rights: An overview and implications in pharmaceutical industry. J Adv Pharm Technol Res. 2011 Apr;2(2):88-93.
- ↑ 7.0 7.1 Tschider CA, Ho CM. Chapter 11. Artificial intelligence and intellectual property in healthcare technologies. In: Solaiman B, Cohen IG, editors. Research Handbook on Health, AI and the Law. Cheltenham, UK: Edward Elgar Publishing Ltd; 2024 Jul 16.
- ↑ Fujita T. [Artificial Intelligence and Intellectual Property of the Medical Field]. Brain Nerve. 2019 Jul;71(7):705-713. Japanese.