“Crafting an AI Policy for Protecting Medical Device Intellectual Property”

January 9, 2024

In an article published on January 9 by FDAnews, a leading publication for drug and device insights, Marshall Gerstein Partner and patent attorney Ryan N. Phelan provides an overview for medical device innovators about the best ways to leverage artificial intelligence while still protecting valuable intellectual property. He looks at the risks posed by AI and how they can be mitigated with a robust policy.

“To mitigate AI-related risks, medical device companies should consider developing comprehensive AI policies encompassing strategies such as avoiding public disclosures, negotiating favorable terms with AI providers, formal policy development, minimizing copyright and inventorship disputes, data categorization based on risk, and quality control and bias reduction in AI models,” Phelan wrote in the article.

Phelan suggests that as AI technologies “increasingly permeate the medical device world,” companies should institute a comprehensive AI policy.

The full article is available here.

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