Maucher Jenkins

This Practice Note discusses the various intellectual property (IP) rights that can be used to protect a digital health product. It also addresses other IP considerations, such as protection as a trade secret, the use of open source software, potential ownership disputes with employees and contractors, IP licences, and the protection of patient data. The Practice Note also considers IP strategy during digital health product development, from conception and initial research to advertising, marketing and sale and future developments and improvements.

This Practice Note discusses the intellectual property (IP) rights which are of key importance during each stage of the life cycle of a medical device, ie during conception, research, development, design, advertising, marketing, sale, and future developments and improvements. This Practice Note also discusses the relevance and importance of confidentiality, non-disclosure agreements, IP ownership, and freedom to operate searches.