Ipr In AI-Assisted Genomic Research Robots Ip.

1. What Are AI-Assisted Genomic Research Robots?

These systems combine:

Robotics – automated lab robots (pipetting, sequencing, CRISPR editing)

Artificial Intelligence – ML/DL models for pattern recognition, mutation prediction, drug–gene interaction

Genomics – DNA/RNA sequencing, gene expression analysis, synthetic biology

They can:

Discover gene sequences

Predict disease markers

Design drugs or genetic edits

Optimize lab experiments autonomously

This raises complex IPR questions because:

Who is the “inventor” when AI designs a gene sequence?

Can naturally occurring DNA be patented if AI “discovers” it?

Who owns datasets used to train genomic AI?

Is software + biological output protected together or separately?

2. Key IPR Areas Involved

(A) Patent Law

Covers:

AI algorithms

Robotic lab processes

Engineered genetic sequences

Diagnostic methods

(B) Copyright Law

Covers:

Software code

Databases (limited protection)

AI-generated outputs (contentious)

(C) Trade Secrets

Covers:

Proprietary genomic datasets

AI training methods

Lab protocols

(D) Data Protection & Ethics (indirect impact)

Human genomic data raises consent and ownership issues affecting IP enforceability.

3. Core Legal Problems

Inventorship – AI is not a legal person

Patent eligibility – genes, algorithms, and natural phenomena

Ownership – developer vs user vs institution

Obviousness – AI accelerates “routine” discovery

Disclosure – how much of AI logic must be revealed?

Now, let’s get into case laws 👇

4. Detailed Case Laws Relevant to AI-Assisted Genomic Research

Case 1: Association for Molecular Pathology v. Myriad Genetics (US Supreme Court, 2013)

Facts

Myriad Genetics identified BRCA1 and BRCA2 genes linked to breast cancer.

They patented:

Isolated DNA sequences

Diagnostic methods

Researchers argued genes are products of nature.

Issue

Can isolated human genes be patented?

Held

Naturally occurring DNA is NOT patentable

cDNA (synthetic DNA) IS patentable

Reasoning

Discovery ≠ invention

Merely isolating genes does not create something new

But human-made genetic constructs qualify

Relevance to AI Genomics

If AI “discovers” a gene → no patent

If AI creates/modifies a synthetic sequence → potentially patentable

AI does not change the nature vs invention rule

👉 Key takeaway: AI discovery of natural genes ≠ IP protection

Case 2: Diamond v. Chakrabarty (US Supreme Court, 1980)

Facts

Scientist created a genetically modified bacterium to break down oil.

Patent office rejected it as “living organism”.

Issue

Are man-made life forms patentable?

Held

YES — “Anything under the sun made by man” is patentable.

Reasoning

The organism was not naturally occurring

It involved human ingenuity

Relevance to AI Genomic Robots

If AI designs a novel microorganism or gene-editing pathway, it may be patentable

Focus is on human control and intention, not who (human vs AI) did the calculations

👉 Foundation case for biotech patents involving AI

Case 3: DABUS Patent Applications (US, UK, EPO, Australia)

Facts

An AI system named DABUS generated inventions.

Applicant listed AI as the inventor.

Applications filed globally.

Issue

Can AI be an inventor?

Held (US, UK, EPO)

NO — inventor must be a natural person

(Australia initially said yes, later reversed)

Reasoning

Patent statutes use terms like “person”, “mental conception”

AI lacks legal personality and rights

Relevance to AI Genomics

If a genomic robot autonomously invents:

A new gene therapy

A diagnostic biomarker

The patent must name a human:

Programmer

Research director

System owner

👉 Critical limitation for AI-generated genomic inventions

Case 4: Mayo Collaborative Services v. Prometheus (US Supreme Court, 2012)

Facts

Patent involved measuring drug metabolite levels to adjust dosage.

Claimed method linked biological data to treatment.

Issue

Are diagnostic methods patentable?

Held

NO — claims were laws of nature + routine steps.

Reasoning

Correlation between metabolite levels and efficacy is natural law

Adding “well-known” steps doesn’t make it inventive

Relevance to AI Genomics

AI predicting disease risk based on gene correlations may be unpatentable

Must show:

Technical innovation

Non-conventional process

👉 Many AI-based genomic diagnostics fail this test.

Case 5: Alice Corp v. CLS Bank (US Supreme Court, 2014)

Facts

Software-based financial invention.

Questioned software patent eligibility.

Issue

Are abstract ideas implemented on computers patentable?

Held

NO, unless there is an inventive concept.

Two-Step Test (Alice Test)

Is it an abstract idea?

If yes, does it add something significantly more?

Relevance to AI Genomic Robots

AI algorithms for gene analysis = abstract ideas

Patent must claim:

A specific technical improvement

Integration with robotic lab systems

👉 Many AI genomics patents are rejected under Alice.

Case 6: Harvard College v. Canada (OncoMouse Case)

Facts

Harvard developed a genetically engineered mouse for cancer research.

Patent sought over the animal itself.

Held

Canada rejected patent on higher life forms

Allowed process and gene claims only

Relevance

Jurisdictional differences matter

AI-designed organisms may be protected differently across countries

Case 7: Novartis v. Union of India (2013)

Facts

Patent sought for modified cancer drug (Glivec).

Claimed enhanced efficacy.

Issue

Evergreening and incremental innovation.

Held

No patent without significant therapeutic efficacy

Relevance to AI Genomics

AI-optimized gene therapies must show real enhancement

Mere optimization by AI ≠ patentability

5. Ownership Problems in AI-Genomic Research

Possible Claimants:

AI developer

Research institution

Funding agency

Data provider

Human supervisor

Most jurisdictions:

Require human inventorship

Ownership flows from employment or contract

👉 Strong contracts are essential.

6. Copyright & AI Genomics

Source code → protected

Genomic data → facts (not copyrightable)

AI-generated gene sequences → no clear copyright

Databases → limited protection

7. Trade Secrets as a Practical Solution

Many companies prefer:

Keeping AI models secret

Protecting genomic datasets confidentially

Avoiding disclosure requirements of patents

8. Conclusion

IPR in AI-assisted genomic research robots is shaped by traditional principles, not new AI-friendly laws.

Current Legal Position:

AI cannot be an inventor

Natural genes are not patentable

Synthetic genetic inventions may be protected

Diagnostic correlations face heavy scrutiny

Jurisdiction matters hugely

Future Outlook:

Law reform needed for AI inventorship

Clear rules for data ownership

Ethical constraints will influence IP rights

LEAVE A COMMENT