From Awareness to Action: How Intellectual Property Incentivizes Innovation in Breast Cancer Detection

October marks  Breast Cancer Awareness Month, serving as a timely reminder to reflect on the disease's global impact and the critical importance of early detection and prevention. According to the 2022 GLOBOCAN data, breast cancer is the second most common cancer globally — with an estimated 2.3 million new cases annually — and the fourth leading cause of cancer death among women, with approximately 670,000 deaths per year in 185 countries assessed (WHO).  

The prevalence of breast cancer varies sharply between countries. In high- Human Development Index (HDI) states — a combination of health, education, and income indicators — around 1 in 12 women will develop the disease during their lifetime, and 1 in 71 will die from it. In contrast, in low-HDI countries, fewer women are diagnosed (1 in 27), but 1 in 48 dies from the disease, highlighting inequalities in detection and access to care (WHO).

Major risk factors include age, obesity, alcohol consumption, family history, radiation exposure, reproductive history, smoking, and hormone therapy after menopause. Yet, about half of all breast cancer cases occur in women with no clear risk factors other than being female and over age 40 (WHO).

Early detection saves lives

Early detection relies on two main approaches:

• Early diagnosis, which involves recognizing warning signs and ensuring timely medical evaluation and treatment.
• Screening to identify tumors before symptoms appear.

Advances in screening and personalized medicine diagnosis as well as treatment have significantly reduced breast cancer deaths in high-HDI countries. According to WHO, success depends on three pillars: early detection, rapid and affordable diagnosis, and effective treatment that potentially combines surgery, radiotherapy, and/or drug therapy. In this article, the first pillar will be addressed, exploring innovative solutions on breast cancer screening that are making progress in the early detection area.

Transforming lives: Driving innovation for early breast cancer detection

To detect breast cancer early, screening aims to identify signs of the disease before any symptoms appear. Several technologies are currently available for this purpose. Mammography remains the most common and effective screening method in many European and North and South American countries, particularly for older women or those with less dense breast tissue. However, its sensitivity decreases among younger women and those with denser breasts. In such cases, breast ultrasound can help overcome these limitations and is increasingly used as a primary or complementary screening tool in various regions, including Asia. Magnetic resonance imaging (MRI) is recommended for women at higher risk, such as those with a strong family history or genetic predisposition. The choice of screening method often depends on national guidelines, available resources, and population characteristics, meaning that approaches can vary widely from one country to another and patient to patient. Clinical breast examinations performed by healthcare professionals and self-examinations can also contribute to early detection, although they are not substitutes for imaging-based screening.  To further explore innovative solutions for breast cancer prevention, the WIPO Mission Imagination interview highlights FemTech innovators from Chile and Nigeria, whose creations help raise awareness and support early detection through accessible technology.

Although breast cancer screening is essential for early detection, it presents some limitations. In some cases, screenings may lead to inaccurate results. Additionally, some procedures can be uncomfortable, and certain imaging tests involve radiation exposure, which may increase risks of acquiring other conditions. The accuracy of screening also depends on the method used and the experience of healthcare professionals, which can vary among countries. For example, mammography may miss 15% to 35% of cancers, especially in women with dense breast tissue or in regions where radiologists have less experience detecting early-stage tumors.

The integration of artificial intelligence (AI) into breast cancer screening offers promising solutions to some of the current limitations of traditional methods. By learning to recognize complex patterns in imaging data, AI systems can assist radiologists in detecting subtle signs of cancer that might otherwise go unnoticed. Studies suggest that AI can both increase detection rates and reduce workload for medical professionals, acting as a second reader in mammography screenings. This practice could indeed optimize radiologists’ time, as they currently review many thousands of mammograms, over 99% of which are normal.

AI-powered solutions in breast cancer detection

Many companies around the world are driving innovation in breast cancer detection through the integration of AI and novel screening technologies. Among the finalists of the WIPO Global Awards, BreastScreening-AI (Portugal) stands out for its advanced AI-powered system capable of analyzing mammograms, MRI scans, and ultrasound images with remarkable precision. By integrating these multiple imaging modalities through its multimodality convolutional neural networks (MMCNNs), the system provides a comprehensive and unified analysis to support the early detection of breast cancer. Another notable example is Hologic (United States of America), which developed the 3D™ Genius AI Detection Solution to assist radiologists identifying potential signs of cancer more quickly and accurately. The system reviews 3D mammogram images and highlights areas that may require closer examination, reducing false alarms and speeding up the screening process. With results available in under a minute, this innovation helps doctors make faster and more confident decisions. Hologic’s technology was recognized by the MedTech Breakthrough Award for “Best New Imaging Technology Solution”.

Another promising approach to breast cancer detection involves the use of thermal imaging enhanced by AI. Thermy (Mexico), another finalist of the WIPO Global Awards, has developed a solution that combines thermal imaging with AI to identify potential breast cancer tumors. Using an infrared thermal camera, computer, and reference monitors, the system analyzes thermal patterns through AI-powered software to detect anomalies that may indicate early tumor development. Similarly, Thermalytix (India) has designed a high-resolution thermal sensing device integrated with a cloud-based AI analytics platform capable of detecting early-stage breast cancer. The technology is affordable, portable, and entirely radiation-free, employing a no-touch, no-see approach suitable for women of all ages and breast densities. AI-generated reports are reviewed by expert radiologists trained in thermal interpretation, offering a non-invasive and accessible alternative for breast cancer screening.

Some initiatives are dedicated to facilitating innovations to come to life. Tech4Eva, a global Femtech acceleration program managed by the non-profit Foundation EPFL Innovation Park, supports entrepreneurs in scaling impactful women’s health solutions through mentoring, visibility and access to investors. Among its current participants is the Colombian health-tech startup Salva Health, which has introduced Julieta, a portable, AI-assisted device that screens for breast cancer risk without relying on imaging. Designed to operate without internet access and usable by non-specialists after minimal training, Julieta delivers results in under five minutes. By eliminating barriers such as high cost, limited medical infrastructure, and lack of specialists, it offers a powerful solution for improving early detection in developing and least developed countries.

While these advancements are encouraging, continued evaluation through clinical trials remains essential to ensure accuracy, safety, and reliability of AI-based health technologies before widespread adoption.

Promoting Innovation: Why Intellectual Property matters in the fight against breast cancer

In today’s world of rapid scientific and technological progress, Intellectual Property (IP) plays a crucial role in promoting innovation by ensuring inventors and creators are recognized and rewarded. Moreover, IP fosters an environment where ideas can be confidently shared, investment is encouraged, and breakthroughs, such as new health technologies, can make a real-world impact.

Several forms of IP protection can apply to health technologies in breast cancer detection, such as the AI-based solutions described above:

A patent grants an exclusive right for an invention. It may protect novel medical devices, software, or technological processes, including integrated systems that analyze medical data to support clinical decisions.

Copyright refers to the legal rights creators hold over their literary and artistic works. In this context, copyright considerations can emerge at every stage, from initial data collection and preprocessing to model creation, implementation, and application in clinical or public health settings. It can also safeguard software code, digital interfaces, and visual content used in diagnostic applications.

A trademark is a sign that distinguishes the goods or services of one enterprise from those of another, protecting the names, logos, or symbols that identify trusted digital health solutions and inspire confidence among patients and practitioners.

Trade secrets are IP rights over confidential information that provide commercial value and may be sold or licensed, such as proprietary data-processing methods or AI model training techniques that are not publicly disclosed.

These IP concepts and rights relate to, and may simultaneously apply to, the various technologies emerging in this field. For instance, BreastScreening-AI holds patents for its computational methods in lesion identification and assertiveness-based communication systems, ensuring user-centric diagnostic solutions across mammography, ultrasound, and MRI modalities. Its IP portfolio also includes copyright protection for its diagnostic platform and trade secrets protecting proprietary algorithms. Similarly, NIRAMAI has built a strong IP portfolio around its patented Thermalytix© technology protected by 39 patents granted across multiple jurisdictions, including the United States, Europe, Canada, India, Japan, and Singapore. This broad protection has enhanced its market position, facilitated partnerships, and allowed adaptation of its AI-based thermal imaging technology to new contexts, such as community screening during the COVID-19 pandemic. Another company, Thermy, also demonstrates the long-term value of IP protection. By filling a patent application covering multiple countries through the Patent Cooperation Treaty (PCT) and a provisional patent via the United States Patent and Trademark Office (USPTO), as well as securing trademark protection in Mexico, the company protected years of self-funded R&D investment and clinical trials. These strategic IP measures reinforced investor confidence and increased its valuation fivefold between 2018 and 2022, allowing the company to boost its operations. 

Depending on the country and jurisdiction, differences in IP protection regimes may also exist. For instance, some jurisdictions provide sui generis protection for software — a special form of protection regime outside the traditional framework —  instead of relying on patents or copyright, while others, like the United States, offer provisional patent applications that help startups such as Thermy secure priority filing date while concluding research and development (R&D) and evaluating market viability. Innovators must therefore consider IP strategies early in the R&D process to strengthen commercialization plans, enable scale-up, explore foreign markets, foster partnerships, facilitate licensing, and attract investment. For companies like BreastScreening-AI, IP-based financing and licensing agreements generate revenue and help them raise money without giving up ownership.

Current debates and future perspectives

In the broader context of AI innovation — including applications in healthcare — continued discussions range from which aspects of AI inventions can be protected by patents and/or trade secrets, to whether AI systems themselves can be considered inventors or creators under existing IP law. Other debates involve the protection of databases, algorithms, and training processes, as well as the appropriate use of copyright and contractual agreements to safeguard proprietary information. These issues are currently subject to legal and policy developments in different jurisdictions, taking into account differences in patentability criteria and eligibility, trade secret recognition, and database-related rights. Other issues include data privacy and security implications, since AI relies on large volumes of patient (personal data) and medical data, raising questions about patent ownership, inventorship, access, and ethical use. Adding to it, there are several issues about international data transfers and the development of data privacy and security legislation, like the European Union General Data Protection Regulation (GDPR). These issues are particularly sensitive in jurisdictions where data protection frameworks are still being developed or remain unclear. Companies like BreastScreening-AI and Thermy proactively address these challenges by implementing GDPR-compliant data governance systems, encryption protocols, and multi-factor authentication to protect patient confidentiality while maintaining innovation capacity.

Looking ahead, the combination of AI and IP offers great potential for improving breast cancer detection. As AI helps make screening faster, more accurate, and more accessible, robust and strategic IP protection will support continued innovation and collaboration. Together, they can help ensure that early detection becomes more effective and available to everyone, turning awareness into real progress in the fight against breast cancer.