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    AI in Biotechnology

    Nicholas A. Pairolero
    Christyann Pulliam and Alexander Giczy
    AI/ET Partnership Series #2
    Background: Recent OCE studies
    • USPTO IP Data Highlights report Inventing AI: Tracing the diffusion of
    artificial intelligence with U.S. patents, October 2020
    – Analysis of U.S. AI patenting 1976-2018
    – Diffusion of AI across technologies, inventor-patentees, organizations,
    and geography
    • Release of AI Patent Dataset (AIPD), August 2021
    – AI-related PGPubs and patents through 2020
    – Extends Inventing AI data by two years
    • This analysis explores the use of AI in Biotechnology.

    3
    Definition of AI

    Other definitions of AI are useful for AI policy making and operational processes at the USPTO. This definition of
    AI is from the Inventing AI report and is not the official definition used by the USPTO.

    4
    Volume and share of public U.S. AI patent applications, 1976–2020

    The earliest U.S. publication year is either the year of the first pre-grant publication for a granted or, if there is
    5 no pre-grant publication, the year a granted patent was published.
    Summary of Inventing AI
    • Patents containing AI appeared in about 9% of all technology
    subclasses used by the USPTO in 1976 and spread to more than
    42% by 2018.
    • The percentage of inventor-patentees who are active in AI started at
    1% in 1976 and increased to 25% by 2018; growth in the percentage
    of organizations patenting in AI has been similar.
    • Most of the top 30 AI companies are in the information and
    communications technology sector, with some notable exceptions
    such as Bank of America, Boeing, and General Electric.

    6
    Definition of Biotechnology AI
    • Biotechnology defined as being within Technology Center 1600
    (TC1600) – “Biotechnology and Organic Chemistry”
    – Included technologies: Isolated and recombinant proteins/enzymes,
    herbicides, drugs, bioinformatics, recombinant DNA and RNA, immunology,
    gene regulation, drug delivery, etc.
    • A patent document is classified as Biotechnology AI if:
    – the document is AI in the AIPD, and
    – it is examined in TC1600.
    • Note: excludes plant patents (not classified in the AIPD)

    This definition of Biotechnology AI is used for purpose of this analysis only.


    7
    AI in Biotechnology

    Examples

    8
    U.S. Patent No. 10,704,108
    Genetic Alterations In
    Isocitrate Dehydrogenase
    And Other Genes In
    Malignant Glioma
    • Assigned to the Johns
    Hopkins University and Duke
    University

    9
    U.S. Application No. 17/265,708*

    Machine learning for


    determining protein
    structures
    • Applicant: DeepMind
    Technologies Limited

    * Not in the AIPD (outside the publication window of the dataset)

    10
    AI in Biotechnology

    Volume and share of public U.S.


    patent applications and patents
    Volume and share of public U.S. Biotechnology AI patent
    applications, 2002–2020

    12
    Share of AI and Biotech AI public applications by AI technology
    component, 2020

    13
    Growth of U.S. and top 5 foreign country patent owners-at-grant
    (in 2020) of U.S. AI Biotechnology patents, 2002-2020

    14
    Count of U.S. Biotechnology AI patents by inventor-
    patentee location, 2002–2020

    15
    AI in Biotechnology

    Diffusion of AI technology
    Diffusion of Biotechnology AI across biotechnology patent
    technology subclasses, overall and by AI component, 2002-2020

    17 Includes only the first technology subclass listed on biotechnology patents.


    Diffusion of AI across U.S. based Biotechnology assignees
    and inventor-patentees, 2002-2020

    18
    AI in Biotechnology

    Allowance rates
    Patent application allowance rates, 2008-2020,
    Biotechnology

    20
    Conclusion
    • AI is increasingly used in Biotechnology, although to a lesser degree
    than technology overall.
    – In 2020, about 17.5 percent of all public patent applications included AI,
    while about 3.5 percent of Biotech applications did.
    • Biotechnology AI patenting is diffusing across technologies, owners,
    and inventor-patentees.
    – In 2020, 17.5 percent of biotech patent technology sub-classes contained AI.
    – About 10 percent of Biotech patent owners-at-grant and about 5 percent
    of Biotech inventor-patentees patented in AI in 2020.
    • Allowance rates for AI in Biotechnology have trended similarly to all
    AI applications in recent years, and AI Biotech allowance rates are
    slightly lower than non-AI Biotech allowance rates.

    21
    Thank you!
    Nicholas A. Pairolero

    Research Economist

    Nicholas.Pairolero@uspto.gov

    www.uspto.gov

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