Intellectual property for Healthtech & AI. With Stephen Carter- Patent Attorney and IP consultant
Jan 29, 2024
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In this episode, patent attorney and IP consultant Stephen Carter discusses intellectual property for Healthtech and AI. He covers topics such as deciding whether to apply for a patent, caution with copyright and open-source code, debunking the myth that AI products cannot be patented, and common IP pitfalls. The podcast also explores the different types of intellectual property rights, the negative right of patents, copyright and open-source code relationships, default ownership and protection positions of IP, and patenting health technology and AI algorithms.
Recognizing the value of intellectual property (IP) assets and developing an IP strategy is crucial for successful innovation in the digital health field.
Businesses in the digital health space often rely on a combination of IP rights, including patents, trademarks, registered designs, trade secrets, and copyright, to protect their innovations.
Deep dives
Understanding Intellectual Property in Digital Health Technologies
In this podcast episode, Stephen Carter discusses the basics of intellectual property (IP) in the context of digital health technologies. He differentiates between IP assets (such as software code and data) and intellectual property rights (patents, trademarks, trade secrets, and copyright) that protect and capture the value of those assets. Carter highlights the importance of recognizing the value of IP in the digital health space and the need for businesses to have an IP strategy. He also debunks the myth that you cannot patent AI products and emphasizes the significance of patents in protecting technical innovation. Overall, developing an IP mindset and understanding the various IP rights are critical for successful innovation in the digital health field.
Types of IP Rights and their Applications
Carter provides an overview of different IP rights, including patents, trademarks, registered designs, trade secrets, and copyright, and explains their specific purposes. He highlights that patents protect technical innovations, while trademarks safeguard brands from being misrepresented. Registered designs focus on protecting the appearance of a product or interface, and trade secrets protect valuable confidential information. Carter emphasizes that copyright plays a vital role in safeguarding original software and the importance of good record-keeping for unregistered IP rights. He notes that businesses in the digital health space often rely on a combination of these IP rights to protect their innovations.
Key Considerations for IP Decision-Making
When considering whether to file for a patent, Carter suggests that businesses assess the potential for patentability and whether the innovation provides a technical application or solution in the real world. He highlights that patent ownership does not automatically grant the right to commercialize a technology, as other existing patents can restrict its use. Carter advises early-stage companies to have an IP plan in place, even if it starts with trade secret protection, and to be cautious about public announcements before patent filing. He also emphasizes the importance of considering ownership and IP issues during collaborations, such as academic-commercial partnerships or spinouts from academic institutions.
Common Pitfalls and Tips for Effective IP Management
Carter highlights several common pitfalls in IP management, including overlooking ownership issues, misconceptions about patent rights, and delaying IP considerations until later stages of business development. He advises early-stage companies to establish a strong IP foundation and mindset from the outset and seek expert advice. Carter highlights the significance of data in the digital health space and the need to understand and protect data as a valuable asset. He recommends utilizing resources from organizations like the UK Intellectual Property Office and WIPO, as well as consulting with IP experts for guidance on IP evaluation, protection, and exploitation.
