Client Alerts

Can Digital Healthcare Innovation Be Patented?

Digital healthcare, the confluence of digital technology with medical and other biological fields, has become an ever-increasing presence in our daily lives. Ideas that seemed nearly impossible just a few years ago (such as wearable sensors that provide personalized feedback, smart prosthetics, health and fitness apps, software-driven diagnostics, and therapeutics, to name a few) are now commonplace. To preserve their place in the market, digital healthcare innovators must decide whether to patent their technology, keep their technology as a trade secret, or release technology with the hope that the first mover advantage turns them into industry leaders.

Adding to the mix for decision-makers, recent guidance from the U.S. Supreme Court has left many in the industry wondering whether their software-based tools are even eligible for a patent.

In this alert, Michelle K. Holoubek and John H. Curry discuss the eligibility of digital healthcare technologies under the new USPTO eligibility guidelines.

Download the attached PDF to read the alert.

241.27 KB