Frederick M. Abbott
Research Handbook in Intellectual Property and Health (Ana Rutschman ed.) under contract with Elgar Publishing), forthcoming 2026/7
Draft of June 9, 2026: work in progress © 2026 Frederick M. Abbott
Abstract
Leaders in the AI community have floated the idea that artificial general intelligence (AGI) will change the world to one where individuals will contemplate what to do when freed from the demands of labor because resource utilization will be maximized. We will live in an era of abundance. The same leaders have suggested that AI and/or AGI will tackle human biology and potentially find cures for all diseases.
It seems almost certain that AI and/or AGI will be successful in establishing a much better understanding of human biology and ways to modify it to promote health. It is unlikely that intellectual property rules will play a material role in determining the path forward. Yet IP rules may help to determine the speed and scale at which the public has access to the benefits of the new technologies, and as always with IP there are risks of under-protection and overprotection that need to be balanced. As has been the case in previous iterations of challenge to conventional IP rules, there will be choices between stepwise adaptation of existing rules and the adoption of sui generis rules to address the changed environment.
We proceed in two steps. The first is to consider the issues raised by introducing AI generated inventions into conventional IP systems, most prominently patent systems. The second is to contemplate the possibility of new paradigms that are developed on a fresh slate based on evolving requirements, and not looking back on the conventional modalities.
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SSRN data: Abbott, Frederick M., As Humans Step Aside: Intellectual Property, Artificial Intelligence and Drug Development (June 09, 2026). Research Handbook in Intellectual Property and Health (Ana Rutschman ed.) under contract with Elgar Publishing, forthcoming 2026/7, Available at SSRN: https://ssrn.com/abstract=6966638 or http://dx.doi.org/10.2139/ssrn.6966638