Founders’ Guide

Founders’ Guide to Intellectual Property in HealthTech

Why IP Matters in HealthTech

In digital health, your technology and data are the backbone of your competitive edge. Whether you’re working with AI-driven diagnostics, digital therapeutics, or novel data platforms, your innovation deserves strong protection. A robust IP strategy isn’t just about patents, it’s about aligning your legal position with your business model, go-to-market plan, and long-term vision.

1. Understanding the Key IP Types Patents

Patents

  • Protect technical inventions (e.g., algorithms, devices, methods)
  • Must be new, inventive, and sufficiently disclosed
  • Critical for products with technological depth, especially those involving novel medical applications, software, or data processing

Trade Secrets

  • Ideal for algorithms, processes, and datasets that are difficult to reverse engineer
  • No registration required, but only protectable if secrecy is maintained
  • Often used alongside patents (e.g., patent the output, keep the algorithm secret)

Trademarks

  • Protect your brand identity: name, logo, domain
  • Important for building trust and avoiding brand confusion
  • Consider early clearance to avoid conflicts before launch

Designs

  • Protect the visual appearance of user interfaces, apps, or hardware
  • Often overlooked, but valuable in consumer-facing applications

Copyright

  • Protects software code, manuals, website content, etc.
  • Automatically granted upon creation, but enforcement and proof of ownership matter.

2. Common Pitfalls (and How to Avoid Them)

  • Disclosing inventions too early: Public disclosure before filing can destroy patent rights. Always check before publishing or pitching.
  • Unclear ownership: Ensure all IP created by founders, employees, and contractors is properly assigned to the company. 
  • Neglecting international strategy: IP is territorial; filing in Switzerland or the EU alone won’t protect you globally.
  • Over-relying on NDAs: They’re useful, but not a substitute for actual IP rights.
  • Failing to document: Keep track of who invented what, when, and how. This is vital for patent validity and investor due diligence.

3. Building an IP Strategy That Supports Growth

Your IP strategy should evolve as your company does. Early-stage IP is often about risk management and positioning; later-stage IP becomes a value driver in Mergure and Acquisition, licensing, and fundraising.

At Seed Stage:

  • Secure core IP (e.g. file first patent application)
  • Lock down ownership with clear founder and employee agreements
  • Conduct brand clearance and register trademarks

At Series A and Beyond:

  • Develop an IP portfolio aligned with your product roadmap
  • Consider international filings (PCT, EUIPO, etc.)
  • Evaluate FTO (freedom to operate) if entering regulated markets
  • Prepare IP documentation for due diligence

4. How Investors Evaluate IP

Investors are not patent attorneys, but they do care about:

  • Whether you own your IP
  • Whether it is protectable, defensible, and strategic
  • Whether it creates barriers to entry or gives you leverage in partnerships

We help you present your IP in investor-friendly language that emphasizes value, risk mitigation, and strategic alignment.

Need Support?

We’re here throughout the DayOne HealthTech accelerator program. Whether you need:

  • A quick review of your current IP position
  • Strategic input on what to file and when
  • A sanity check before publishing or pitching

…don’t hesitate to reach out.

📩 info@dynamxip.ch
📅 book a meeting

Why work with us ?

Each client receives advice tailored to their business goals and industry-specific characteristics.

We have technical backgrounds in areas such as engineering, physics, MedTech, digital health, artificial intelligence, vacuum technology, nanotechnology, and microscopy, which enables a deep understanding of your technologies.

We understand the importance of budget control and work closely with you to develop cost-effective solutions that meet your needs without compromising the quality or scope of our services.

We offer strategic advice to optimize your IP portfolio, strengthen your market position, and navigate complex IP landscapes.

With extensive experience in international IP law and a global network, we are optimally positioned to represent and protect your interests not only in Switzerland and Europe but worldwide.

Would you like to start a project with us?

Schedule a free initial online consultation.

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