“Navigating Medtech IP Protection: U.S. & European Perspectives”

As artificial intelligence transforms medtech innovation, startups face a critical challenge: protecting intellectual property early enough to preserve its value without slowing the pace of development. Marshall Gerstein partner Ryan Phelan and Stephanie Rupp of German intellectual property law firm Hoffmann Eitle recently joined The Leading Difference podcast to discuss how AI is changing medtech innovation and the IP strategies founders should consider as they develop, fund, and commercialize new technologies.

During the conversation, Ryan and Stephanie explore the evolution from traditional AI model training to today’s generative AI workflows and the distinct considerations companies face when seeking patent protection in the United States and Europe.

Ryan highlights the importance of developing an IP strategy early, particularly as startups begin sharing information with investors, potential partners, and the public. He discusses how disclosures in pitch decks, websites, and investor conversations can affect patent rights, why early patent filings can be valuable, and how provisional patent applications can create problems if they lack sufficient detail.

Stephanie provides the European perspective, including the implications of Europe’s strict novelty requirements and the European Patent Office’s approach to demonstrating a “technical effect” for AI-related inventions.

The conversation also examines cross-border IP strategy, collaboration between U.S. and European patent counsel, the Unified Patent Court, and the role a strong patent portfolio can play in helping medtech startups differentiate themselves, attract investment, and build long-term value.

Listen to the full episode of The Leading Difference podcast here or wherever you listen to podcasts.