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Can Digital Healthcare Innovation Be Patented?

  • 01.22.15
  • 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.

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.

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