When IP Strategy Feels Like Uncharted Territory, Hemant Gupta Knows the Terrain
For technology and life sciences companies racing to innovate, protecting intellectual property (IP) can feel like an afterthought—until it isn't. Whether it's code generated by artificial intelligence (AI) with murky ownership rights or a prototype built without the proper licenses, the pitfalls are real, and the stakes are high.
Meet Hemant Gupta, an Epstein Becker Green attorney who brings a rare combination of credentials to his IP practice: years as a children's cancer researcher at St. Jude, hands-on experience as a software programmer, and deep knowledge of biotech and medtech. In this one-on-one conversation with fellow Epstein Becker Green attorney George Whipple, Hemant shares how his scientific and technical background gives clients a distinct advantage when navigating the intersection of IP law and emerging technology.
What You'll Discover
- A Scientist's Approach to IP Strategy: Hemant discusses how his background in cancer research and software programming shapes the way he identifies risk and builds protection for technology and life sciences companies.
- The Importance of Early Planning: Clean IP ownership and proper licensing from the outset can make or break a company's value when it comes time for acquisition or exit—and Hemant explains why.
- Navigating AI Governance: Companies face legal risks from AI-generated code, and Hemant outlines the internal policies that protect them as they scale.
Transcript
[00:00:00] Hemant Gupta: Clients recognize that with my background in programming, my background in biotech and MedTech, that I understand what they're doing and where the pitfalls are.
[INTRO GFX]
[00:00:14] George Whipple: I'm George Whipple, One-on-One with Hemant Gupta. Hemant, welcome.
[00:00:19] Hemant Gupta: Thank you, George. It's a pleasure to be here.
[00:00:21] George Whipple: You've had a circuitous route to get to where you're sitting right now. In fact, you haven't always been a lawyer. You started your career in a very noble place as a children's cancer researcher. How did you get from cancer research to managing intellectual property for clients here at EBG?
[00:00:43] Hemant Gupta: I was a scientist working at St. Jude doing research for about five years, and at that point I decided, "Okay, I'm going to change my career. I don't want to just be a scientist studying the same protein interaction that my boss had studied for 20 years."
[00:00:57] Hemant Gupta: I wanted to see more technology. So I switched into law school and became a patent attorney. And initially, my practice was all focused on life science and biotech patents, but over the years it's expanded to include trademark and copyright. And lately, there's been a lot more interest in the technology side, where IP and technology meet, and how that's important for companies that are expanding their product lines.
[00:01:26] George Whipple: On top of all of that, you're also a software programmer. How does that help you with clients?
[00:01:32] Hemant Gupta: I think that clients recognize that with my background in programming, my background in biotech and MedTech, that I understand what they're doing and where the pitfalls are.
[00:01:44] Hemant Gupta: That I can easily relate to them with an understanding of the development process. That I know, having been in their shoes previously, how programmers think, how developers think, how even engineers in a biotech company, how they approach problems and what solutions they use. A lot of times companies are just trying to show that something is working.
[00:02:05] Hemant Gupta: They do a first prototype. They're not looking to see which licenses are required. They just want to see if this will actually work. And then once it does, they get excited and they start moving forward without remembering to go back and do it the right way with the proper licenses and rights.
[00:02:21] Hemant Gupta: You know, a lot of my clients are also friends of mine. I understand what they're, what challenges they're going to face, and a lot of times for the clients, I'll bring a business view to them very early on that says, "Look, I know that you want to be acquired, or this is your exit strategy in the next 10 years. Let’s prep you for that.”
[00:02:39] Hemant Gupta: In the same way that you would prep your house for sale from day one and take care of issues that an inspector may find, it's the same thing for a company. Making sure that they're not going to have issues when it comes to due diligence. There aren't going to be surprises that decrease the value of the company.
[00:02:58] Hemant Gupta: And a lot of that does involve making sure that the IP is protected, that all rights are assigned to the company, and that they have a competitive edge over their peers.
[00:03:07] George Whipple: When you look back, do you have any regrets? Did you make the right choice to become a lawyer?
[00:03:13] Hemant Gupta: I love what I do. I do get excited.
[00:03:15] Hemant Gupta: It's actually hard to sleep because sometimes in the middle of the night I'll wake up and my mind will start racing and I'll think about issues that a client may have or excited about something that they're doing and other ways that I can help them, and I'm happy to share any expertise that I have that will help them and their companies grow.
[00:03:34] George Whipple: Everybody's talking about AI right now, but you're dealing with companies that are way, way out on the bleeding edge in terms of technology. What kind of challenges do you see with your clients?
[00:03:47] Hemant Gupta: A lot of the programmers today are using AI to write the code, not just check the code, but often they're writing it, and there's been a lot of issues where code has been implemented into a larger program, and later during the diligence process when it's clear that all the rights were not assigned, the company either has to back out that code and have it rewritten without having looked at the illegally obtained code, or they have to find ways to properly license after the fact, and it makes it really messy.
[00:04:17] Hemant Gupta: And a lot of that falls under the AI governance area of law, where we're helping companies set up their policies and programs, make sure that the employees are using AI in the right way, that they understand the risks of AI, that they also understand what they can and can't do with a particular system, and why they, the company may have an account with one provider but if an employee is using a different one, what kind of risks will come out of that.
[00:04:45] George Whipple: Thank you, Hemant, for being with us and sharing your experience.
[00:04:49] Hemant Gupta: Oh, thank you, George. It's been a pleasure.
[00:04:51] George Whipple: And thank you very much for watching.
