A new wearable technology uses nudge theory to match consumer products to an individual’s genotype and encourage better habits. But patenting such advanced technology isn’t easy, as Robert Lind, partner at legal and IP specialist Marks and Clerk explains.
While terms such as ‘connected health’ and ‘holistic approach’ have become buzzwords, they do also speak of a deeper trend in contemporary healthcare. The idea that ailments can be treated in isolation – with no reference to wider questions about lifestyle, diet and other factors – seems increasingly anachronistic.
Health services and policy makers therefore are increasingly focused on cultivating healthier habits amongst the population, sometimes with sticks (such as taxes on products such as alcohol and sugar) and sometimes with carrots, such as those being explored by the UK government’s behavioural insights or ‘nudge’ policy team.
Nudge has had a huge influence on policy makers in recent years. The theory rests on the idea that while people might not necessarily like being told to do the ‘right thing’, it may be possible to convince them to do so nonetheless – in far more subtle ways.
Technology and behaviour
Whilst nudge theory has found its place in developing policies at governmental and health service levels, applying it on a more individualised level requires the introduction of new technologies. An example might be the now widespread use of wearable activity trackers which aim to improve users’ health by encouraging a more active lifestyle. Such trackers can however be a blunt instrument, as they tend to apply similar models to all users.
Getting down to a truly individual level requires ever more interesting and challenging levels of technological innovation.
Products and services being developed by UK firm DnaNudge are a good example of where technology is taking this trend. DnaNudge is taking advantage of rapid and advanced while-you-wait DNA coding, wearable tech, and the best insights of nudge theory to provide a service bespoke to each user. Based on DNA analysis and classification, (aka genotyping), the company provides users with wristbands that are able to scan supermarket products and provide immediate feedback as to the compatibility of the products with the user’s genotype.
Mohammadreza Sohbati of DnaNudge explains: “Knowledge is power and the kind of technologies we are employing empower people to make choices based on better information. The history of healthcare is defined by technological advances. The 20th century saw incredible breakthroughs but was nevertheless based upon designing solutions for large populations rather than individual profiles.
“The technology available now means that the 21st century will be far more about tailored solutions and empowering people with data – this is where DnaNudge comes in.”
Turning an innovative idea into a business, and commercialising technology in the nudge theory space means securing intellectual property from the outset in what is bound to be a very competitive area in the future.
Companies with highly innovative solutions such as DnaNudge have an advantage of course as there is more free space in which to operate and in which IP can be protected. DnaNudge has, for example, been able to secure key patent rights covering their new hardware solutions. It is also looking to protect innovative technical aspects related to the use of this hardware to improve and increase social interaction – which can be a positive motivator for individual’s health and lifestyle choices.
Mohammadreza adds: “Alongside empowering people with data, the future of this technology is based on opportunities to interface with social networking activities and platforms. Social groups, friendly rivalry, and the influence of positive role models can be hugely positive influences for those looking to adopt healthier lifestyles.”
A start-up technology company that is seeking to open up an entirely new market will inevitably face competition once that market is seen to be a lucrative one. The challenge is therefore to ring fence the market with IP rights quickly but at the same time within the tight financial constraints that most start-ups face.
Fortunately, in many of the important jurisdictions such as the US and China there are opportunities to accelerate the process, meaning that granted rights can be obtained before a product is even on the market. Innovators are often put off by the traditionally slow speed with which Intellectual Property Offices process applications for rights such as patents. With the proper strategy at the outset, this does not have to be the case.
Of course, IP rights granted quickly in important jurisdictions not only act as a deterrent to would-be competitors, they also provide reassurance to existing investors and can provide collateral for future investment rounds.
