Digital Health refers to digital technologies applied in health, healthcare, living, and society, enhancing healthcare delivery and making medicines more personalized and precise. These technologies can include hardware and software in online/cloud systems, email/text interaction, smart phone apps, clinical management, and telemonitoring or telemedicine.
Digital health is a fast-moving field, with great commercial potential, but it can be difficult to achieve commercial outcomes if others copy your ideas.
It may be possible to retain exclusive control of your ideas using intellectual property (IP) protection, e.g., copyright, patents, visual designs, trade marks (TMs), and/or agreements, e.g., non-disclosure agreements (NDA).
IP protection in the Digital Health space may require an overlapping basket of considerations, e.g., NDAs for secret algorithms, copyright for code and user experience (UX) art, patents for new technology, design registrations for new GUIs, and TM registrations for new app or product names/logos. It may also be necessary to navigate legal compliance issues in the area of data protection and health records.
We at DCC have experts in all areas of IP, and we regularly work together to identify IP strategies that bring together a coherent package of rights for optimal commercial benefit.
Protection from the outset
The speed of new products and entrants in this market, both locally and globally, makes it crucial to have protectable IP rights. A common pitfall is significant R&D expenditure on a project before discovering there is not a viable protectable position.
Digital health innovations typically span a range of different technology areas. This requires extensive cross-disciplinary knowledge from your IP team, as well as an understanding of some of the commercialisation and compliance challenges unique to the digital health market.
It also is important to understand that with a multi-disciplinary domain, there can be significant freedom-to-operate barriers when seeking to enter the Australian and overseas markets. Working with a specialised digital health IP team from the outset will ensure you are fully informed and confident through all stages of development.
Technically talented team
At Davies Collison Cave, we have the expertise for various digital health related technical areas. This allows us to gain a better understanding and protection for your digital health innovation. The attorneys in our Digital Health team have been selected for their technical backgrounds and legal skills.
The Digital Health team has specific knowledge and experience in:
- healthcare information technology (Health IT)
- wireless health systems
- wearable devices
- big data
- artificial intelligence (AI) and smart devices
- machine learning
- cloud computing
- personalized electronic health records
- personalized medicine
- connected health
- medical device data systems
- medical software
- medical imaging
- medical signal and data processing
- wireless communication
- privacy and data protection
- IT, software and electronics
We also understand the complexity involved in commercialising technology in the Digital Health sector. Our team of trade mark and commercial lawyers will identify and protect your distinctive branding and draft appropriate commercial agreements and contracts to ensure your IP is secure. Our commercial advice includes all issues relating to legal and regulatory compliance, the drafting and negotiation of website and other online terms, and the formulation of any necessary privacy and intellectual property polices.
Our Digital Health team can also draw on the knowledge of more than 80 other high calibre IP professionals nationally, to facilitate protecting your innovation in a rapidly changing world of technology