Challenges of the Intellectual Property System in Pharmaceutical Innovations Resulting from Artificial Intelligence

Babak Sabet; Shahriar Eslamitabar; Ehsan Lame; Fatemeh Anvar

doi:10.18502/jpc.v12i2.16191

Babak Sabet Department of Surgery, Shahid Beheshti University, Tehran, Iran.
Shahriar Eslamitabar Health Law Department, Smart University of Medical Sciences, Tehran, Iran
Ehsan Lame Department of International Law, Najafabad Branch of Islamic Azad University, Isfahan, Iran.
Fatemeh Anvar Department of Law, Science and research Branch of Islamic Azad University, Tehran, Iran.

DOI: https://doi.org/10.18502/jpc.v12i2.16191

Keywords: Artificial Intelligence; Pharmaceutical; Invention

Abstract

The patent system has long been criticized for limiting access to medicines. Dramatic advances in artificial intelligence and machine learning technology present a revolutionary opportunity in drug discovery, formulation and testing of dosage forms. The pharmaceutical industry claims that patenting is necessary to encourage innovation in the risky, lengthy, and costly research and development (R&D) process. But it still does not provide logical evidence about the actual effects of patents on innovation. The increasing use of artificial intelligence in research is intensifying the debate about pharmaceutical patents. Inventions created or enabled by artificial intelligence raise questions about patentability and patent policy in general. Faster and more efficient research and development weakens the justification for pharmaceutical patents. Research findings suggest that despite the necessity of continuing incentives for drug research and development, lawmakers should consider alternative systems that prioritize access alongside incentives to advance healthcare as a human right.