The Internet of Medical Things (IoMT) is a subsection of the more well-known Internet of Things. Broadly, the IoMT is a connected infrastructure of medical devices, software applications, and health systems and services. This infrastructure aims to improve accessibility of healthcare, while improving patient health and satisfaction with healthcare services. In 2016, it was predicted that by the year 2020, 40% of IoT technology will be health related1 (more than any other subsection). It has also been predicted that by 2022, the IoMT market will be worth roughly US$158 billion2, compared to a comparatively measly US$24 billion in 20163. We at Reddie & Grose have been closely following the progress of the IoMT which encompasses many rapidly advancing technologies and a number of potentially patentable areas.
Insights: medical products
Second medical use claims are designed to protect substances or compositions for use in new medical treatments. Numerous decisions of the Technical Boards of Appeal of the EPO have confirmed that second medical use claims cannot be used to protect medical devices. However, as is so often the case in patent law, scientific advancements are beginning to blur the technical difference on which the legal distinction between medical devices and substances is based.