AI and Inventorship

Anagha Tendulkar, In-house Patent Counsel, Cipla

Artificial intelligence (AI) is a cutting-edge technology that has been generating substantial attention worldwide recently, including in the patent community. Balancing the rapid development in AI and adapting the patent laws to fit the dynamic nature of AI has been challenging. Whether AI can be named as an inventor on a patent has been one of the key discussion points in the patent field. Until now, the worldwide legal approach has been that only a human being can be named as an inventor on a patent. Dr Stephen Thaler, an American physicist and chemist, created an artificial intelligence (AI) Device for the Autonomous Bootstrapping of Unified Sentience (DABUS). He alleged that DABUS was capable of invention through independently conceiving simple ideas and transforming them into complex notions. DABUS was named as the sole inventor on two patent applications filed by Dr Thaler. This article explores the standpoint of various jurisdictions on this issue. This article also focusses on the various arguments made in favour and against the naming of AI as an inventor on a patent.

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India IT Healthcare October 2023 Vol.16, No. 65, Autumn 2023

Anagha Tendulkar

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Anagha Tendulkar, is an In-house counsel at Cipla Limited, India. Her role majorly focusses on activities relating to ANDA litigations and includes pre-litigation, in- litigation and post- litigation strategizing for early product launch. Other activities include portfolio selection, priming on legal and regulatory hurdles, strategic decision making, due diligence for small molecules and biologicals, etc. Professional background She has about 15 years of experience in this field. Prior to joining Cipla Limited, she was an In- house counsel at Panacea Biotech, India. Her role was to manage various IP related activities for the organization, including identifying early market entry opportunities, patent due diligences, design- around strategies, patent drafting and prosecution. Presentations • Speaker- National Seminar organized by PES, Modern College of Pharmacy, India- “Patent Basics and Overview of Generic Drugs in US” • Invited to address on “Patents- an insight” at a symposium, Modern College of Pharmacy, India Publications/ Posters • "Induced Infringement under US Patent Law" Anagha Tendulkar, Patent In- house counsel, Cipla. International In-house Counsel Journal Vol. 15, No. 59, Spring 2022, 1 “Written Description Requirement of Patentability” Anagha Tendulkar, Patent In- house counsel, Cipla. International In-house Counsel Journal Vol. 15, No. 58, Winter 2022, 1 . “Blocking Effect of the Blocking Act?” Anagha Tendulkar, Patent In- house counsel, Cipla. International In-house Counsel Journal Vol. 14, No. 55, Spring 2021, 1 • “Demethylation and Transcriptional activation of genes involved in metastasis of pancreatic cancer by Methyl-CpG-binding domain 2. ” Tendulkar S. , Ou J. -N. , Tendulkar A. , Szyf M. Pharmacological research day (PRD) annual meeting Montreal, CANADA, Jun 2006. • “Demethylation and Transcriptional activation of genes involved in metastasis of pancreatic cancer by Methyl-CpG-binding domain 2. ” Tendulkar S. , Ou J. -N. , Tendulkar A. , Szyf M. AACR, Washington D. C. , Apr 2006. • “Metabolic engineering of Yeast: Yarrowia lipolytica” Tendulkar A. , Bhave S. Chattoo B. B. , International meeting - “Yeast 2003”, IMTECH, Chandigarh, India, Feb 2003. Education • LL. B, University of Mumbai • Registered Patent Agent, India • P. G. Diploma in Patent Management, AIPS, Mumbai • Research Associate, Department of Pharmacology, McGill University, Canada • Research Fellow, MSU, Baroda, India • Post-graduation, University of Mumbai (Microbiology/ Biotechnology) Achievements • Qualified- Joint All- India CSIR-UGC Test, CSIR, New Delhi, India • Qualified- State Eligibility Test, University of Pune, Maharashtra, India • Awarded Certificate of merit, Post-graduation, University of Mumbai

Cipla

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Cipla Limited is an Indian multinational pharmaceutical company, headquartered in Mumbai, India. It primarily develops medicines to treat respiratory, cardiovascular disease, arthritis, diabetes, weight control, depression, and other medical conditions. Cipla is a global pharmaceutical company which uses cutting edge technology and innovation to meet the everyday needs of all patients. For over 80 years, Cipla has emerged as one of the most respected pharmaceutical names in India as well as across more than 100 countries. Its portfolio includes over 1000 products across wide range of therapeutic categories with one quality standard globally. Cipla’s emphasis on access for patients was recognized globally for the pioneering role played in HIV/AIDS treatment as the first pharmaceutical company to provide a triple combination anti-retroviral (ARV) in Africa at less than a dollar a day and thereby treating many millions of patients since 2001.

India IT Healthcare October 2023 Vol.16, No. 65, Autumn 2023
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