What's Happening?
The European patent system presents challenges for neurotech innovations due to Article 53(c) of the European Patent Convention, which excludes methods for treatment of the human or animal body by surgery or therapy from patent protection. This exclusion aims to ensure medical professionals can choose treatments without infringing patents. While devices can be patented, methods of using those devices in medical settings cannot be an infringing act.
Why It's Important?
Understanding the legal nuances of patent protection in Europe is crucial for neurotech companies seeking to commercialize their innovations. The exclusion impacts how companies draft patent claims, focusing on device features rather than treatment methods. This has implications for the development and commercialization of neurotech devices, influencing strategic decisions in the industry.
