Determining biomarkers from histopathology slide images

Patent No. US10957041 (titled "Determining biomarkers from histopathology slide images") on Mar 25, 2020. The application was issued on Mar 23, 2021.

What is this patent about?

’041 is related to the field of digital pathology and automated biomarker detection. Specifically, it addresses the technical challenge of identifying and quantifying cancer-related biomarkers, such as PD-L1, tumor-infiltrating lymphocytes, and molecular subtypes, directly from standard hematoxylin and eosin (H&E) stained histopathology images. The invention seeks to replace or supplement time-consuming and resource-intensive immunohistochemistry (IHC) staining and molecular sequencing with efficient, deep-learning-based analysis of digitized tissue slides.

The underlying idea behind ’041 is the use of specialized deep learning architectures to extract molecular and cellular insights from morphological features that are often invisible to the human eye. The system leverages two primary strategies: a multiscale deep learning framework that integrates broad tissue-level context with high-resolution cell segmentation, and a multiple instance learning (MIL) approach that allows the model to learn from slide-level labels (like RNA sequencing data) without requiring exhaustive, pixel-by-pixel manual annotations by pathologists.

The claims of ’041 focus on a computer-implemented method that separates a digital H&E image into a plurality of tiles and applies them to a deep learning framework to predict biomarker presence. Independent claim 1 specifically protects a multiscale approach that combines tissue classification for each tile with a cell segmentation model to identify individual cells, using the intersection of these data points to predict biomarker status. Claims 23, 26, and 27 focus on a single-scale framework utilizing a trained MIL controller to selectively or randomly discard tiles based on inferred class status, effectively filtering the input data to focus the neural network on the most predictive regions of the tissue.

In practice, the invention functions by processing high-resolution whole-slide images through a pipeline that first normalizes the data to account for staining variations across different labs. For multiscale implementations, the system identifies cell boundaries and interiors using a three-class segmentation model, which allows for accurate cell counting even in dense clusters. For molecular biomarkers like Consensus Molecular Subtypes (CMS), the system uses RNA transcriptome counts to cluster training data, allowing the image-based model to learn the visual signatures associated with specific genetic profiles. This enables the generation of a digital overlay report that maps the probability of biomarker presence across the entire specimen.

This approach differs from prior methods by eliminating the need for dense, localized annotations and specialized IHC staining for every patient. By utilizing weakly supervised learning, the system can be trained on vast datasets where only the overall patient outcome or genetic status is known, rather than requiring a pathologist to manually outline every tumor region. Furthermore, the use of a multi-field of view strategy ensures that the model considers both the immediate cellular morphology and the surrounding stromal environment, leading to more robust predictions of how a patient might respond to specific immunotherapies.

How does this patent fit in bigger picture?

Technical Landscape

In the late 2010s when ’041 was filed, the digitization of histopathology slides into high-resolution whole slide images was becoming a standard practice, at a time when diagnostic assessment was typically implemented using manual visual inspection by pathologists to identify tumor characteristics and biomarkers. While deep learning applications were emerging in medical imaging, systems commonly relied on traditional convolutional neural networks that assigned a single class label to an entire input image rather than performing granular, multi-class segmentation across large-scale digital slides. Furthermore, the massive pixel density of whole slide images made the use of standard fully convolutional networks for pixel-level classification non-trivial due to extreme computational redundancy and prohibitive processing time constraints.

Prosecution Position

The disclosed invention represents a meaningful technical advancement through the integration of a multiscale deep learning framework that combines tile-level tissue classification with pixel-level cell segmentation to predict biomarker presence. This architectural shift addresses the technical problem of computational inefficiency in large-scale image analysis by utilizing a tiling process and selective inference to reduce redundant calculations while maintaining high-resolution accuracy. The system enables the automated detection and quantification of biomarkers—such as tumor-infiltrating lymphocytes and PD-L1 status—directly from hematoxylin and eosin (H&E) stained images, overcoming the technical constraint of requiring labor-intensive immunohistochemistry (IHC) staining or manual pixel-by-pixel annotation for diagnostic reporting.

Claims

This patent contains 30 claims, with claims 1, 23, 26, and 27 serving as the independent claims. The independent claims focus on computer-implemented methods for identifying biomarkers in digital images of stained tissue slides by partitioning images into tiles and applying them to deep learning frameworks, including multiscale and single-scale models, to predict biomarker presence and generate visual reports. The dependent claims serve to specify particular tiling techniques, define specific biomarker types such as TILs and PD-L1, detail the architectures of the neural networks and segmentation models, and outline the training processes involving molecular datasets and tile selection criteria.

Key Claim Terms New

Definitions of key terms used in the patent claims.

Term (Source)Support for SpecificationInterpretation
Molecular training dataset
(Claim 27)
In some examples, the single-scale configurations contain slide-level classifiers trained using gene sequencing data, such as RNA sequencing data. That is, slide-level classifiers are trained using RNA sequence data to develop image-based classifiers capable of predicting biomarker status in histopathology images. The molecular training dataset comprises RNA transcriptome counts from sequencing of a substantially similar sample associated with each training tissue sample.A collection of genetic data, specifically RNA transcriptome counts, used to provide slide-level labels for training image-based biomarker classifiers.
Multiple instance learning controller
(Claims 23, 26, 27)
A classifier trained using a single-scale configuration may be trained to perform classifications on (labeled or unlabeled) histopathology images using classifiers trained using one or more multiple instance learning (MIL) techniques. In an instance-based MIL process, tiles need to be selected that should be used as examples used in training. The controller 1822 may be configured with a trained model that would return classifications based on whether a slide has any tiles that belong to the target class.A component that manages a machine learning strategy where slide-level labels are used to train models by selecting specific representative tiles (instances) from a slide to infer the overall classification.
Multiscale deep learning framework
(Claim 1)
In some examples, the imaging-based biomarker prediction systems are formed of deep learning frameworks having a multiscale configuration designed to perform classification on (labeled or unlabeled) histopathology images using classifiers trained to classify tiles of received histopathology images. In some examples, the multiscale configurations contain tile-level tissue classifiers, i.e., classifiers trained using tile-based deep learning training. In some examples, the multiscale configurations contain pixel-level cell classifiers and cell segmentation models.A deep learning architecture configured to perform classification on histopathology images using a tiling strategy that captures both structural and local histology by integrating tile-level tissue classification and pixel-level cell segmentation.
Tile selection process
(Claims 23, 26)
For both class 0 and class 1 slides, the top k scored tiles should be used as training examples as seen in tile selection framework 1900. The process does this by identifying tiles that have scores below a threshold for the slide-level class. Based on inferred class status, the process selectively or randomly discards tile images not corresponding to a desired class.A procedure that evaluates the inference scores of individual image tiles to determine which tiles are most representative of a target class for training or analysis, often involving discarding low-relevance tiles.
Trained cell segmentation model
(Claim 1)
The cell segmentation model 316 is a trained cell segmentation model that may be used for cell detection. In an example, the trained cell segmentation model is a pixel-resolution three-dimensional UNet classification model trained to classify a cell interior, a cell border, and a cell exterior. This UNet model can recognize the outer edges of many types of cells and may classify each cell according to cell shape or its location within a tissue class region.A deep learning model, such as a U-Net, trained to identify and delineate individual cells within a digital image by classifying pixels as cell interior, border, or exterior.

Litigation Cases New

US Latest litigation cases involving this patent.

Case NumberFiling DateTitle
3:25-cv-00621Mar 14, 2025Tempus Ai, Inc. V. Guardant Health, Inc.

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US10957041

Application Number
US16830186A
Filing Date
Mar 25, 2020
Publication Date
Mar 23, 2021
External Links
Slate, USPTO , Google Patents