AI-enabled healthcare innovations and products are transforming the healthcare industry by providing faster, more accurate and cost-effective diagnostics and treatments for improving patient outcomes. In Indian patent practice, context-sensitive potential objections could be raised under sections 3(k) and 3(i) of the Act (as well as the universal objections such as novelty, inventive step and industrial applicability). However, these objections can be addressed by following the strategies and approaches suggested in this article. While obtaining patents for AI-based healthcare inventions may present certain challenges, these can be addressed by presenting compelling arguments and demonstrating the value of innovative technologies in improving healthcare outcomes. Artificial intelligence (AI) is transforming all industrial sectors by enabling machines to perform tasks that usually require human intelligence. Indeed, it is causing a paradigm shift in the healthcare industry (for further details, see "Patent outlook: remodelling healthcare with AI"). Protecting innovations concerning AI-enabled healthcare products is important to gain a competitive advantage, promote innovation and continue encouraging investment into research and development. To create AI-enabled healthcare products, a combination of mathematical models, methods and algorithms are employed in the processes of training, testing and deploying the models in a software solution. Vast quantities of healthcare data (eg, electronic health records and medical images) are subjected to the AI model development process, or machine learning pipeline, to develop trained and tested models that can be deployed in software to provide a real-world healthcare application. However, as with any new invention, the evaluation of AI-related healthcare inventions for a patent application is important. Internationally, patent evaluations of AI-related healthcare inventions follow established guidelines and frameworks. In India, inventions relating to AI are examined under the guidelines for the examination of computer-related inventions (CRIs). Thus, while prosecuting inventions relating to AI, as well as the usual novelty and inventive step requirements, compliance with the CRI guidelines is also critical.
The question arises as to whether such innovations associated with the concepts of software-based programs and mathematical methods can be patented in India in view of section 3(k) of the Indian Patent Act 1970, which precludes from patentability "a mathematical or business method or a computer programme per se or algorithms". However, claims relating to the working method of a hardware device that employs an AI model do not usually present a problem, since the CRI guidelines consider "hardware" as "the physical and electronic parts of a computer, rather than the instructions it follows". While prosecuting AI-based healthcare inventions, it is important to emphasise certain key attributes of the invention that demonstrate its technical effect to successfully prosecute it. For instance, an AI system's processing speed and efficiency can be critical in healthcare applications where real-time decision-making is required. By highlighting this purpose of an AI system, the inventor can demonstrate how the invention can be useful to scale-up and may help in providing faster and more accurate diagnosis and treatment. Similarly, efficient use of memory and database resources play a vital role in healthcare applications where enormous amounts of data must be processed and analysed. By demonstrating the capability of an AI system to effectively manage and process data, the inventor can emphasise how the invention assists healthcare professionals in taking informed decisions and improving patient compliance and care. Effective data compression techniques are also important in healthcare applications where enormous amounts of data must be transmitted over networks with limited bandwidth. By accentuating the capability of the invention to compress data without compromising its accuracy, the inventor can present how it can improve the speed and efficiency of data transmission and analysis. User interface design and transmission of radio signals are crucial in healthcare applications too, since an improved interface can enhance the usability of the AI system and the understandability of the data and analysis (as well as the accuracy of data input and output). Meanwhile, advanced transmission of radio signals can further enable remote monitoring and analysis of patient data. This can be impactful in rural or underserved areas where limited healthcare services are available. The subject matter of AI-healthcare patents relates to a method of diagnosis, which raises the question of whether such inventions are objectionable under section 3(i) of the Act. This section precludes from patentability: any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products. Accordingly, AI-enabled healthcare inventions are susceptible to being objected to in view of this section. However, in such a scenario, arguments could be presented to the effect that the AI-enabled tools merely perform a function on samples (eg, blood, urine or fluids) or process images that provide the health status of the patient and do not involve interaction with human beings or animals.
Cardio-pulmonary screening device
Indian patent IN371172 is directed to a cardio-pulmonary screening device.
During the prosecution, the applicant highlighted the technical effectiveness of their device, which includes an AI module that analyses received sounds and presents results on a display unit and LED indicators. The device selects appropriate filters based on the chosen mode, which optimises it for the appropriate patient demographics and categorises the collected data by the patient type. The data is synchronised with the cloud and updated as needed, improving accuracy and efficiency over time as more classification categories are added. By synchronising updated data with on-device local data, the device facilitates offline diagnosis with better accuracy. Further, to address the objection raised under section 3(k), the applicant successfully argued that: the software part is specific to the device and does not have any use if it is removed from the device. The software is embedded in the device; it cannot be removed or installed by the user.
RBC counting device
Indian patent IN323817 is directed to a process and a device for estimating the total count (TC) of red blood cells (RBCs) in a blood smear based on images captured from a monolayer thereof. During the prosecution, to address the objection raised under section 3(k), the applicant highlighted that the invention provides an automated method for estimating the TC of RBC based on an analysis of values of a set of variables, corresponding to the blood smear, with enhanced accuracy. Further, to address the objection raised under section 3(i), the applicant argued that a physician must review and analyse the outcome of the claimed invention in order to diagnose a condition.
Niramai launched an AI-enabled radiation-free product known as Thermalytix for detecting breast abnormalities. Further, its AI-enabled SMILE-100 system, which helps in breast cancer screening and diagnosis, has received clearance from the US Food and Drug Administration.
Sigtuple (an Indian start-up) has launched the following AI-based products:
AI100 – an in-vitro diagnostic device for automating manual microscopy for diagnosis purposes. AI100 employs a combination of robotics and AI to digitise the sample to be analysed on a glass slide, which can be reviewed by pathologists remotely as well;
Shonit – an AI enabled blood analyser to study blood cells morphology and blood counts; and
Shrava – an AI enabled blood analyser. AI100 with Sharva helps to identify the leakage of RBC pus cells and crystals from urine.
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Members of the Small Business Digital Alliance are among the nation’s most well-respected companies representing a wide range of specialized industries. Through SBDA, leaders and influencers in technology, business, and other aligned spaces help connect small businesses with critical digital tools and resources to fuel business growth. By bringing together major players, the SBDA aims to:
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For decades, marketers have been preoccupied with finding the true pathways to customer loyalty. This article aims to clarify the psychological drivers and social processes underlying customer loyalty through the lens of brand communities. We’ll look at different perspectives from developmental and social psychology to uncover the determinants of authentic customer loyalty.
The Search for Oneself
We might recall an intense period during adolescence when we experienced an “identity crisis.” As we grow older, however, we experientially understand this tension to find ourselves appears throughout our lifetimes. In searching for our identities, we may define ourselves through fidelity towards certain ideas or causes. And as a consumerist nation, we may even look towards brands to give us direction in the proverbial search for ourselves.
Through the lens of developmental and social psychology, we can better understand consumer behavior and the ongoing quest for identity.
Key Lessons from Developmental Psychology
Eminent developmental psychologist Erik Erikson organized the lifespan into eight distinct stages extending from birth until death.1 Within each stage, the individual is faced with a specific task or developmental conflict. For example, the psychosocial stage of Identity vs. Role Confusion typically defines the period of adolescence (from 12 to 18 years of age). The central task of adolescence is identity formation in which childhood values and commitments are reconsidered and examined.
The identity crisis may be the most pronounced and have the greatest chance for expression during adolescence, but it continues to resurface during the crises of later years. At each psychosocial stage, different virtues can be attained. Fidelity, a virtue of the identity stage, is the capacity to maintain loyalties and allegiances, as seen through pledges of commitment to valued institutions and ideals. Fidelity is a marker of the individual’s psychosocial well-being, supporting a sense of identity, belonging, and purpose in life especially in relation to social groups.4 ,5
The Power of the Community
Erikson underscored the importance of the community in identity development. He wrote, “Fidelity is that virtue and quality of adolescent ego strength which belongs to man’s evolutionary heritage, but which— like all the basic virtues—can arise only in the interplay of a life stage with the individuals and the social forces of a true community.” Beginning with adolescence and the life stages beyond, we identify with social communities that bring importance and meaning to our lives. Identity development is both a psychological and social process. The psychological dimension of identity development occurs internally, in the mind of the individual, whereas the social dimension occurs externally, through interactions with other people. For the latter, we develop a sense of ourselves through our interactions with others in the social collective. The community gives importance to the individual life, while the newly adapted individual identity is recognized by the group through a sense of communal solidarity. In other words, the dimensions of identity development reflect two sides of the same coin, mutually influencing each other in a dynamic process that happens throughout our lives.
With a basic understanding of developmental theory, identity development is understood in the context of the community. Yet what do we mean by community? Communities can be found anywhere and everywhere— in schools, among friends, through religious institutions, along political party lines, even among consumer brands that promote certain lifestyles. Brand communities, as they are known, offer the individual the opportunity to find meaning and a sense of self through a commitment to the particular lifestyle promoted by the brand.
1) Shared Consciousness: A shared consciousness is the connection members have with the brand and with one another. Through this constellation of social bonds, members feel as if they know each other even in the absence of face-to-face contact. This connection creates a feeling of “specialness” among brand users. For example, since Mac users are a minority in a PC- dominated world, there may be an instant feeling of camaraderie with fellow Mac users who are strangers in every other way. Mac users share a creative lifestyle aligned with a certain aesthetic appeal that makes them stand apart from the masses. Yet in their separation, they stand together in their bonds of shared consciousness.
2) Rituals and Traditions: The second marker of community is rituals and traditions. These may involve public greetings that recognize and acknowledge fellow brand users. For example, Harley owners share a special handshake that consolidates the brother-sisterhood of riders. MINI also proudly fosters a solid network of customer communities—the MINI Family, as it’s called—connected throughout the world. MINI explains, “Dating back to its birth in the UK, there’s a long-standing tradition of MINI owners acknowledging each other when they pass on the streets … so when you pass another MINI, don’t be shy. Give them a wave. It could be as subtle as raising an index finger off the steering wheel or as enthusiastic as two hands out the sunroof.” You’ll also hear MINI drivers acknowledging one another by flicking their headlights, and even giving high fives out the window while passing each other by. These rituals and traditions help reinforce the shared consciousness among brand users.
3) Moral Responsibility: Brand communities are further marked by a collective sense of moral responsibility to individual members as well as the community-as-a-whole. This marker can be seen in MUGs, independent clubs supported by users who convene to share their love of Mac. Apple’s Website reads, “As a Mac user, you can experience a feeling of connectedness by finding other Mac users in your community.” One benefit of MUG membership is to teach others: “Maybe you’ve got some of the answers. User groups are a rewarding way for you to share your expertise. Someone may have helped you learn about technology; now you can repay the favor while meeting new people and making new contacts.” Furthermore, people tend to think they are attracted to others because they have similar opinions and not because they participate in similar activities. Research on friendships has found that participation in mutually pleasurable activities may be a stronger motivator for friendship choice and maintenance, compared to the satisfaction in knowing that someone agrees with you. Friendships are born out of participation in shared activities, which are the main attractions that brand communities offer.
