Medical technology incorporating artificial intelligence (AI) is increasingly coming under scrutiny by Patent Trial and Appeal Board (PTAB). Recent decisions from the board have shown a trend of reversal on prior art rejection. This offers a contrasting view to the previous decisions with regards to the subject matter eligibility. Innovations under consideration encompass a variety of medical technologies. These include anatomical location-based machine learning models to predict pathological abnormalities and the operation of a robotic surgical device prompted by an intra-operative surgical recommendation. Moreover, polygenic models are under review that predict characteristics of individuals based on genetic variants.
What stands out from the recent PTAB decisions is a shift in paradigm from previous rules applied. This creates an interesting dynamic for legal professionals involved in patent prosecution and appeal strategies in the field of medical AI. The implication of these changes could significantly impact the legal approach to handling such patents in the future.
Each decision is unique and thus providing legal professionals with valuable insights for strategizing patent prosecutions and appeals in this rapidly evolving field. To delve into the specifics of each decision, legal practitioners are urged to analyze the full details of the recent PTAB decisions.