Lars Eckert is Subject Matter Expert for Software Patents in the MedTech Industry
The medical-technology industry is undergoing one of the most profound transformations in its history. For decades, value creation revolved around the physical device — the imaging scanner, the surgical instrument, the diagnostic sensor. Success was measured by hardware performance, clinical accuracy, and reliability. But today, that foundation is shifting. Software-driven systems, cloud connectivity, and data-based services are redefining how MedTech companies create, deliver, and protect value. Lars Eckert’s approach to patenting software-based solutions in the MedTech industry is tailored to the needs of SMEs who are actively tackling the digital transformation. This article is a summary of the discussion at the HTBC seminar “Software and patents in MedTech: boosting your growth as SME”. An overview of the event can be found here:
The Shift from Devices to Software-Based Solutions
The digital transformation has reached healthcare later than consumer technology, yet its impact is arguably greater. What began as digitized imaging and electronic health records has evolved into a connected ecosystem of smart devices, analytics platforms, and software-as-a-service offerings. Instead of selling a physical scanner or monitoring unit, MedTech companies increasingly sell digital access, data-driven insights, and interoperability👉 Systems' ability to exchange and use data seamlessly..
Here, MedTech innovators are moving along a five-layer architecture: from the physical product to sensors, to connectivity, analytics, and finally digital services. The further a company climbs this digital ladder, the closer it gets to recurring revenue, healthcare provider/patient integration, and data-driven differentiation.
Historically, transaction-based business models dominated: hospitals bought a device once, and the manufacturer sought the next sale. Profitability depended on premium performance features that justified a higher upfront price. An MRI scanner’s shorter examination time or higher resolution could command a margin — and patents on hardware improvements protected that advantage.
Now, however, medical professionals expect continuous digital updates, real-time analytics, and cloud-based management. The emerging operator or “as-a-service” business model👉 A business model outlines how a company creates, delivers, and captures value. replaces ownership with usage. Instead of a single purchase, hospitals pay either a monthly fee or per use to access hardware, software, and integrated digital functions. The manufacturer retains ownership and can offer maintenance and performance monitoring — strengthening customer loyalty and creating predictable income streams.
For small and medium-sized enterprises, this transformation opens new possibilities. SMEs can reach market segments that lack capital for large equipment purchases. Subscription models democratize access to advanced medical technologies. Yet it also introduces new complexity. Value no longer lies only in optics or mechanics — it is embedded in code, algorithms, and cloud interfaces. Protecting that value demands a new generation of IP strategists.
The IP Management Challenges of Digital Medtech
Traditional IP management👉 Strategic and operative handling of IP to maximize value. in MedTech focused on device mechanics and clinical functionality. Patent👉 A legal right granting exclusive control over an invention for a limited time. portfolios mirrored engineering departments: mechanical structures, sensor arrangements, electronic circuits. Software, if present, was secondary. In the digital era, this approach no longer suffices.
Software and connectivity create competitive advantages that are qualitatively different. Algorithms define how fast an image is reconstructed, how securely data flows to the cloud, or how efficiently remote maintenance works. These functions can be copied quickly and globally. Without robust patent protection, imitation is easy and investment risky.
For SMEs in the MedTech industry, the challenge is not a lack of innovation👉 Practical application of new ideas to create value. but a lack of structured IP processes. Historically, many companies come from engineering and are now moving toward software. They often lack in-house IP departments and rely on specialized external counsel. Resources are tight, and teams must balance their daily development routines with long-term patent protection goals. The question is not whether to file, but how to file smartly — choosing which software features deliver sustainable competitive advantage.
Another challenge arises from jurisdictional uncertainty. The European Patent Convention excludes “programs for computers as such,” yet decades of case law have clarified that computer programs with a “further technical effect” are patentable. For MedTech innovators, this line between technical and abstract must be navigated precisely.
Moreover, digital business models require new forms of exclusivity. In a hardware sale, the value chain👉 A series of activities that create and deliver value in a product for end-users. ends with delivery. In an operator model, it continues through data collection and remote service — all of which can contain patentable subject matter. Protecting these customer touchpoints means securing not just devices but also the digital interfaces between users, machines, and the cloud.
The speed of digital competition👉 Rivalry between entities striving for a shared goal or limited resource. compounds the problem. Traditional patent cycles lag behind the iterative software development processes. If MedTech SMEs treat patents as static shields, they risk👉 The probability of adverse outcomes due to uncertainty in future events. protecting yesterday’s product. Instead, IP management must also become iterative, mirroring agile development: early filings on core digital inventions👉 A novel method, process or product that is original and useful., followed by narrower filings on key features as the product matures.
Finally, IP departments face organizational integration issues. Software development often occurs outside traditional R&D hierarchies — in agile teams, in siloed IT units, or at external partners. Identifying valuable digital inventions early requires communication with those units that unfamiliar with patent language. Therefore, continuous IP awareness activities and structured onboarding processes for digital experts are a prerequisite to secure patent positions. Only with basic IP awareness, MedTech companies can protect attractive value propositions in the market by aligning technical differentiation with business models. In digital MedTech, this alignment is both the challenge and the opportunity.
Best-Practice Example: Lars Eckert’s Approach for Patent Protection of Software in Medtech
Within this rapidly evolving environment, Lars Eckert exemplifies a new generation of IP professionals who bridge engineering, software, and legal strategy. Eckert’s work demonstrates that protecting software in MedTech is not merely about drafting patent claims — it is about translating digital functionality into defensible exclusivity. He approaches each case by mapping technical effects across the layers of digital transformation: from embedded algorithms controlling medical sensors to digital analytics assisting doctors in data-driven diagnostics.
He identifies where the technical contribution lies — whether in the processing of physiological signals, the synchronization of imaging data, or the secure transmission of evaluation results. He then structures claims to reflect the technical implementation rather than abstract algorithms. This approach not only meets EPO requirements but also creates enforceable protection in digital business models.
Equally important is his understanding of SME realities. Many MedTech companies operate without in-house patent teams, juggling multiple jurisdictions and limited budgets. Eckert’s approach of acting as a single point of contact for SMEs for all IPRs — patents, copyrights, trade secrets, etc. — directly aligns with the requirements of modern holistic IP management where all available protection tools are combined to create defensible positions in the market.
Additionally, Eckert’s best practice lies in his ability to integrate IP thinking into innovation processes in the MedTech industry. He advocates for early involvement of patent professionals in innovation projects, ideally before critical design decisions are fixed. This integration avoids later freedom to operate👉 Strategic analysis to determine whether a product or service might infringe existing IP rights. challenges and enables strategic patent filing options for the most relevant and valuable features.
Finally, his work highlights the importance of strategic IP portfolio development. Instead of scattered filings on individual patents, successful MedTech companies build layered IP portfolios reflecting their business model. Core patents protect critical features; secondary patents secure optional differentiating product aspects.
From Insight to Implementation
The MedTech industry’s transition to software-based business models is more than a technological shift; it is a redefinition of how companies capture and protect value. Where once patents shielded mechanical ingenuity, they now secure digital ecosystems. The winners will be those who can translate technical effects into patent portfolios that sustain recurring revenue.
For SMEs, this transformation demands courage and clarity. The courage to invest in software patenting, and the clarity to align IP strategy👉 Approach to manage, protect, and leverage IP assets. with business goals. Lars Eckert’s work offers both inspiration and roadmap. And his approach demonstrates that especially medium-sized firms can profit from patent protection in the MedTech industry.
