The PolyU seminar named “Achieving Robust IP Protection
of AI/ML Digital Health and Precision Medicine Innovation” was organized by PolyU
Academy for Interdisciplinary Research, Metal Health Research Centre and Department
of Rehabilitation Sciences on 16 Sep 2025. This seminar outlined strategic
approaches for developing a resilient IP portfolio that can withstand Section
101 scrutiny. Mr. Roger Kuan (Partner, US Head of Digital Health and Precision
Medicine Practice, Norton Rose Fulbright US LLP) was the guest speaker and his
expertise covers comprehensive IP strategy and portfolio management, including
patents, trademarks, copyrights, and trade dress.
Firstly, Mr. Roger Kuan briefed the AI/ML training the
algorithm using health data for prediction that could be patent or keep trade secret.
Then he mentioned health data right and how to protect
and use. Some requirement on high quality health data included accurate, standardized,
diverse, compliant, outcome linkage and richness.
For health data owner, they concerned compliance of different
legal requirement in different countries and permissible access.
For health data user, they considered appropriate data
right and don’t “ready, aim and fire”.
After that he discussed some key developments in US
Patent Act (35 U.S. Code § 101) for AI/ML inventions. AI-powered CDx (Companion
Diagnostic) was provided in the guidance.
For patent eligibility considerations, judicial
exceptions process was demonstrated.
The life cycle of AI/ML patent filings were showed and
discussed.
Overall, the required claim elements, optional claim
elements and “Picture” claim element were showed in the diagram for § 101
eligibility.
Finally, Mr. Roger Kuan concluded that improvement had
something worth patenting and we needed to focus on “problem-solution”
approach.
Lastly, representative presented an appreciated
certificate to Mr. Kuan.
Reference:
PAIR,
PolyU - https://www.polyu.edu.hk/pair/
COMP, PolyU - https://www.polyu.edu.hk/comp/
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