header-logo header-logo

Neurotechnology & the law: intellectual property

242553

Neurotechnology is advancing at breakneck speed—but can existing patent law keep up? Larissa Bifano, Rebecca Lawrence & Harry Lambert examine the IP challenges facing innovators in the UK & US

  • Neurotechnology innovation increasingly depends on AI-driven data processing, raising significant challenges under patent law exclusions for software, mathematical methods, and diagnostic or surgical techniques.
  • UK and US patent regimes take different approaches to subject-matter eligibility, inventorship, and technical effect, requiring carefully tailored patent strategies for transatlantic protection.

Neurotechnology continues to advance with increasing sophistication, striving for less invasive interfaces and more precise interaction with the nervous system. However, the efficacy of these devices increasingly depends on how they handle the high-dimensional, noisy data they record.

Innovators are turning to rapidly advancing artificial intelligence (AI) to decode these signals and enable closed-loop control. This reliance on software and algorithms brings the field into direct collision with patent regimes in the UK and US, which maintain strict exclusions for computer programs and mathematical

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

NEWS
Counsel for CILEX, for law centres, for the Association of Personal Injury Lawyers and for the Law Society laid out their arguments last week in the high-profile Mazur case
Commercial law is changing fast, driven by new technologies and the growing complexity of global markets. The University of Manchester’s LLM in International Commercial and Technology Law brings focus to that shift, highlighting the core areas that now define effective commercial legal work. By exploring corporate governance, data rights, fintech regulation and digital era intellectual property, this course gives professionals the insight they need to make informed, confident decisions in a rapidly evolving landscape
Making refugee status temporary and subject to review every 30 months will put pressure on an ‘already overstretched’ justice system, the Law Society has warned
Statutory limitation periods do not apply to unfair prejudice petitions brought under the Companies Act, the Supreme Court has held in a 4–1 majority decision, Lord Burrows dissenting
A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held
back-to-top-scroll