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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll