“AI and the New IP Playbook for Biotech-Software Innovators”
November 3, 2025Marshall Gerstein Partner joined Will Hartwell, Senior Attorney of Global Intellectual Property for Illumina, for an article published by the Association of Corporate Counsel’s ACC Docket discussing AI’s expanding role in biotechnology and the unique IP challenges in this space.
“As AI has taken the world by storm over the last few years, companies across diverse sectors have integrated this new technology into their products and workflows,” the authors wrote. “AI use cases have been particularly prevalent in the biotechnology field, where AI has been deployed to accelerate drug discovery, personalize treatment regimens, enhance diagnostics, and analyze genomic and transcriptomic data to drive medical research.”
Cameron and Will remind readers that, despite the promise of AI in biotech, experienced legal counsel who understands the scientific and technical nuances of any invention is important. Companies should also implement data protection strategies to safeguard the information generated by their AI models.
“It is also essential to perform adequate due diligence before using any third-party AI services or models to ensure that the privacy of the data input into the models is protected,” Cameron and Will write. The authors also cover how innovators can choose between patents and trade secrets, the latest USPTO guidance on patent eligibility, and effective drafting techniques.
Read their full article in the ACC Docket here.