Artificial Intelligence and Patents in Indian Healthcare Sector: Legal Issues and Challenges

K. Sharma, M Padmavati
Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur,

Keywords: AI, Healthcare, Drug, Pharmaceutical.


With the growth of Artificial Intelligence in the Indian healthcare sector, the filing of patents is expected to increase considerably concerning pharmaceutical products. However, the patent eligibility requirements for Artificial Intelligence-based inventions would be restrictive in India as the implementation of Artificial Intelligence utilises advanced software programming. Therefore, it is essential to analyse how Artificial Intelligence-based claims or systems would be prosecuted or otherwise dealt with by the patent office in India. The present study seeks to identify comparative patent prosecution of Artificial Intelligence-based inventions in a patent family.