Challenges of the intellectual property system in pharmaceutical innovations resulting from artificial intelligence

Abstract

The patent system has long been criticized for limiting access to drugs.Remarkable advances in artificial intelligence (AI) and machine learning present a transformative opportunity in drug discovery, formulation, and testing.The pharmaceutical industry argues that patenting is essential to incentivize innovation in the risky, lengthy, and costly processes of research and development (R&D).However, there is little empirical evidence regarding the actual effects of patents on innovation.The increasing use of AI in research exacerbates existing debates on drug patents.Drug inventions with the aid of AI raise questions about patentability and patent policy, posing challenges to the current system.Notably, how can patent rights be established for inventions made with the faster and more efficient AI-assisted research and development?This article raises the question of whether patentability can be granted for AI applications in drug R&D and encompasses genuine drugs.Research findings suggest that despite the necessity to sustain motivation for drug research and development, legislators should consider alternative systems prioritizing access alongside incentivizing to advance healthcare as a human right.

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