ChatGPT is all over the news lately. If you missed it, ChatGPT is a form of artificial intelligence (AI) operated by OpenAI. ChatGPT is trained on data from various sources, including books, articles, websites, and other publicly available text type data. Users can ask ChatGTP questions in a search bar about nearly anything and ChatGPT
Food, Drug & Agriculture
Software as a Product – The European Union Goes There
We’ve written a number of posts on whether, in various jurisdictions across the United States, software and other forms of electronic/magnetic code can be considered to be “products” for purposes of product liability – usually strict liability. As befits the decentralized product liability litigation landscape in the United States, there is considerable uncertainty, but most…
Is Your Artificial Intelligence a Service or a Product?
Today, major healthcare companies are investing heavily into various AI-powered devices. For example, Zimmer Biomet and the New York City-based Hospital for Special Surgery recently inked a three-year deal to create the HSS/Zimmer Biomet Innovation Center for Artificial Intelligence in Robotic Joint Replacement. “The collaboration aims to develop decision support tools—powered by data collection and…
Update on Artificial Intelligence: USPTO Urges Federal Circuit to Affirm Decision That AI Cannot Qualify as an “Inventor”
In three previous blog posts, we have discussed recent inventorship issues surrounding Artificial Intelligence (“AI”) and its implications for life sciences innovations – focusing specifically on scientist Stephen Thaler’s attempt to obtain a patent for an invention created by his AI system called DABUS (“Device for Autonomus Bootstrapping of Unified Sentence). Most recently, we…
The Risk of Clinical Data Collection Biases In Fully Autonomous Medical Robots
Recently, an artificial intelligence-guided robot successfully performed a laparoscopic surgery to connect two ends of an intestine in four pigs, without any human intervention. And according to the researchers involved, the robot surgeon produced “significantly better” results than humans. Though such an accomplishment is astonishing and signals the inevitable rise of fully autonomous medical robots,…
Europe’s New Proposed Rules for Artificial Intelligence and Robot-Assisted Surgery
This week, the European Commission unveiled new proposed rules “aiming to turn Europe into the global hub for trustworthy” artificial intelligence. The 108-page first-of-its-kind policy outlines how companies and governments should use artificial intelligence, and sets “limits around the use of artificial intelligence in a range of activities, from self-driving cars to hiring decisions, bank…
Patent Considerations for Optimizing Immunotherapies with the Help of Artificial Intelligence

Immunotherapy treatments such as antibodies targeting cytotoxic T lymphocyte-associated antigen 4 (CTLA-4), programmed cell death protein 1 (PD-1) and PD-1 ligand1 (PD-L1) have shown promise in reactivating weakened immune cells to fight cancer. While these immunotherapies have had a dramatic impact in some cancer patients, the positive results only appear in a fraction of cases.…
Immuno-Innovation: A Welcome to Readers of Mayer Brown’s Newest Blog, and an Inaugural Post from Our Home Office Outposts During the Pandemic
Welcome to Immuno-Innovation, Mayer Brown’s blog reporting at the intersection of Immunotherapy and Intellectual Property law with legal analysis, updates on case law and legislative developments, as well as trend-spotting and best practices. Over the last twenty-five years, immunotherapy has been a fast-moving field (even if its newsworthy advances have appeared to proceed in increments),…
EU unveils roadmap for EU pharmaceutical strategy
On 2 June, the European Commission (Commission) published a roadmap (Roadmap) that will pave the way for the Commission’s communication on the EU pharmaceutical strategy, which is now due in the last quarter of 2020. The Roadmap should be read together with the Commission’s proposal for a recovery of the EU’s economy (…