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# MedTech: Repurposing is here to stay
- URL: https://med-techinsights.com/medtech-repurposing-is-here-to-stay/
- Published: 2025-01-21T10:09:39.000Z
- Updated: 2026-10-22T08:34:35.000Z
- Description: Bethan Halliwell, Partner and Patent Attorney at Withers & Rogers discusses the barriers that are faced when securing patent protection for ‘repurposed’ medical technologies. A novel device that uses ultrasound waves to destroy cancerous liver tumours demonstrates that existing medical technologies
- Author: Oliver Johnson
- Tags: Insights, Medical Device Manufacturing

###### ***Bethan Halliwell, Partner and Patent Attorney at*** [***Withers & Rogers***](https://www.withersrogers.com/?ref=med-techinsights.com) ***discusses the barriers that are faced when securing patent protection for ‘repurposed’ medical technologies.***

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![](https://storage.ghost.io/c/98/19/9819191a-690e-400b-bf27-720adfd33f45/content/images/2026/10/10834-mti-website-square-image-11-1.png)

Bethan Halliwell

A novel device that uses ultrasound waves to destroy cancerous liver tumours demonstrates that existing medical technologies may be repurposed for new diagnostic or therapeutic uses. But how easy is it for innovators to secure patent protection for repurposed technologies? 

The concept of ‘repurposing’ is well known to innovators, especially those focused on pharmaceutical, medical or diagnostic applications, but there can be inherent barriers when it comes to securing patent protection. Recent advances in imaging technologies, for example, have inspired innovators to explore a variety of potential secondary uses.

However, securing patent protection could be challenging if it’s simply a case of using a pre-existing technology for another purpose, but with the right support and advice at an early stage in the product development cycle, it can still be done. 

Ultrasound is an imaging technology that has been widely used in medical and diagnostic applications for many years – for example, it can be used to locate and target tumours and to identify the volume of tissue that requires treatment. The UK Government recently announced funding for a patented technology ([EP3016594B1](https://worldwide.espacenet.com/patent/search?q=pn%3DEP3016594B1&ref=med-techinsights.com)) developed by HistoSonics, which aims to identify and destroy liver cancer tumours using focused ultrasound waves – a treatment known as histotripsy.

The waves break down tumours without damaging healthy tissue, potentially offering a safer alternative to other high-intensity treatments, such as radiotherapy. The technology is currently [undergoing trials](https://www.bbc.co.uk/news/articles/cx2k4880wg8o?ref=med-techinsights.com) in the treatment of kidney cancer cells too. 

Ultraviolet (UV) light, in particular UVC (100–280 nm), is widely known for its sterilising properties – it is sometimes used in a hospital setting as a disinfectant to limit the spread of bacterial infections. More recently, however, UVA (315-400nm) and UVB (280-315nm) light has been found to be useful in the treatment of chronic rhinosinusitis and allergic rhinitis, as an effective alternative to antibiotics or more invasive surgical procedures. 

There are other examples of innovators serving other industry sectors discovering that their existing patented technologies could have a potential medical use. For example, Bakeryscan is an AI-powered image recognition system, which was originally developed to sort pastries and other bakery products.

However, its founder, Hisashi Kambe, a Japanese computer systems engineer and CEO of BRAIN Company Ltd, discovered many years later that the patented technology could be developed further for use as an innovative scanning device to detect cancerous cells.

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**Read more:** [*Hydrogels: a broader interpretation for medical use patent protection in Europe*](https://med-techinsights.com/2024/12/12/hydrogels-a-broader-interpretation-for-medical-use-patent-protection-in-europe/)

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Advances in 3D printing technology, which have enabled the production of objects using various biocompatible materials, with a higher degree of precision and at a lower cost, have led to a proliferation of medical uses, particularly in the field of personalised prosthetics and implants. Innovative technologies aimed at [improving access to 3D printing](https://www.lboro.ac.uk/news-events/videos/2023/3d-printed-prosthetics/?ref=med-techinsights.com) are now enabling bespoke prosthetics to be produced in remote locations or even in users’ homes. 

Despite being originally developed for use in gaming, virtual reality (VR) technologies have also found use in a variety of medical applications, particularly in areas such as surgical training and patient rehabilitation.

A UK patent ([GB2589458B](https://worldwide.espacenet.com/patent/search?q=pn%3DGB2589458B&ref=med-techinsights.com)[https://worldwide.espacenet.com/patent/search?q=pn=US10220181B2](https://worldwide.espacenet.com/patent/search?q=pn%3DUS10220181B2&ref=med-techinsights.com)) granted to Marion Surgical Inc. describes a novel use of the technology to provide a system for simulating surgical procedures in a virtual environment that provides haptic feedback to the user, in order to replicate the physical interactions between the surgical tools and the patient anatomy. 

From an intellectual property perspective, there may be challenges when seeking patent protection for a technology that is already known. As a rule, patent examiners are more likely to look favourably on an application if the technology described has been modified in some way to provide the new use, and are unlikely to grant patent protection for a known device simply on the basis that it has been found to be suitable for another purpose.

The novelty may lie in the method of use, however, caution is needed as methods of treatment or diagnosis that involve actions carried out on the human body are generally not considered patentable, on the basis that medical practitioners should be free to provide the best available treatments to their patients.

Therefore, it is usually preferable to seek patent protection for the medical device itself, if possible, showing how it has been adapted and highlighting any unexpected effects or benefits arising from the application of the technology to its new medical purpose. 

Repurposing is here to stay as innovators look for ways to harness advanced technologies in ways that could bring benefits to society. Where medical or diagnostic uses are found, innovators should take extra care to ensure they are patentable and seek professional advice at an early stage in the design and development process.