Can Digital Healthcare Innovation Be Patented?
- Michelle K. Holoubek and John H. Curry
- Sterne, Kessler, Goldstein & Fox
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.
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