ebook: MedTech IP

Lessons and strategies for success

The MedTech industry is at the forefront of innovation, transforming healthcare with groundbreaking advancements that improve lives and redefine the boundaries of medicine. However, navigating the complex landscape of intellectual property (IP) within the sector is critical to ensuring the success and protection of these innovations.

In MedTech IP: Lessons and Strategies for Success, Julian Asquith, alongside Robecca Davey and Greg Carty-Hornsby, share invaluable insights drawn from years of experience advising MedTech companies, from startups to global leaders. This eBook is designed to equip innovators, entrepreneurs, and stakeholders with the knowledge and strategies needed to safeguard their inventions, navigate regulatory challenges, and create a robust IP portfolio that drives long-term growth. Whether you’re bringing a novel device to market or refining an established technology, this guide provides the tools to thrive in an ever-evolving industry for which innovation is the beating heart.

Chapter1: Keep innovating: The remarkable story of ResMed

Nobody can ever be 100% certain about the validity of any individual patent. The reason is simple; no patent search can ever prove that someone else did not create the same invention previously.

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Chapter 2: Don't take "No" for an answer: Surgery and diagnosis

The European Patent Convention (EPC) decrees that European patents shall not be granted in respect of: "methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body..."

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Chapter 3: Keep your vision clear: Therapeutic methods

The European Patent Convention (EPC) does not allow patents for methods for treatment of the human or animal body by surgery or therapy.

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Chapter 4: Push the boundaries: Computers and MedTech

The European Patent Convention states that the following shall not be regarded as inventions: "schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers"

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Chapter 5: Fortune favours the brave: Computer-assisted methods

Computer-assisted methods may be used during various medical treatments, including surgery. At first sight it might be thought that such methods are excluded from patent protection as being methods of treatment of the human body by surgery or therapy.

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Chapter 6: Let the heart rule: AI and MedTech

For the last four years Marks & Clerk has produced an annual AI Report, providing data and insights from our many experts in AI.

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Chapter 7: Don't be afraid to burn the midnight oil: Additive Manufacturing and MedTech

3D printing is now widely used in a variety of MedTech areas, for example in the manufacture of custom-fit artificial limbs (prostheses), external supporting devices (orthoses) and implants for operations and dental procedures.

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Chapter 8: Strategies for success: The remarkable story of BrainLab AG

The founder of the business, Stefan Vilsmeier, has much to teach us about how he created this world leading medical technology company employing 2,000 people in 20 offices around the globe.

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Chapter 9: Protecting shapes and colours: Trade Marks for MedTech

A trade mark can be the most valuable asset of a business. When most people think of a trade mark they typically think of a word or a logo. But trade mark protection is not limited to words and logos. Protection can be obtained for shape, colour, motion, sounds, smells, tastes or even the texture of a product.

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Chapter 10: Protecting aesthetic appearance: Registered Designs and MedTech

The aesthetic appearance of MedTech devices is often of key importance to their adoption by patients. As a result, modern medical device designers now talk of ‘human factors’ and ‘user experience’ as key philosophical tenants of the devices they design.

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