Intellectual property protection for digital health
Produced in partnership with Dr Fiona Kellas of Maucher Jenkins
Intellectual property protection for digital health

The following Life Sciences guidance note Produced in partnership with Dr Fiona Kellas of Maucher Jenkins provides comprehensive and up to date legal information covering:

  • Intellectual property protection for digital health
  • What is digital health?
  • What IP rights can be used to protect a digital health product?
  • IP strategy during digital health product development
  • Other IP considerations in relation to digital health

On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies (except to the limited extent agreed), but it continues to be subject to EU law and must submit to the continuing jurisdiction of the Court of Justice of the EU in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—Life Sciences and News Analysis: Brexit Bulletin—key updates, research tips and resources.

What is digital health?

Digital heath falls at the intersection between healthcare IT and medical devices and covers the use of data to assist in the diagnosis, treatment, prevention and monitoring of diseases, as well as providing for healthcare practitioner support.

The use of digital health devices to monitor patients can improve accessibility to healthcare services without substantially increasing costs. Digital health devices often have the capacity to feedback to medical professionals on a real-time basis, such that any abnormal changes or inconsistencies can be quickly detected and appropriate action can be taken.

Digital health technologies include products such as:

  1. mobile health (or m-health)—the use of mobile communication devices, such