Dr. Fiona Kellas
Fiona graduated from the University of Glasgow with an Honours degree in Biochemistry and was subsequently awarded a PhD in Biochemistry from the University of Cambridge. During her PhD, Fiona carried out research in the MRC LMB (MRC Laboratory of Molecular Biology) and in the MRC Mitochondrial Biology Unit in Cambridge. During her research Fiona carried out structural studies on the ATP synthase enzyme in the laboratory of Professor Sir John Walker.
Fiona is a qualified UK and European Patent Attorney. In addition to working in private practice, Fiona has experience of working in-house in the intellectual property department of an antibody technology company. Fiona has experience of drafting and prosecuting patent applications, preparing and filing design applications, as well as prior art and freedom to operate searching and assessment. Fiona has worked in a wide range of technologies. In particular, she has experience in the areas of biochemistry, antibody technology, industrial biotechnology, in vitro diagnostics, digital health and medical technologies and devices.
Practice Area
Panel
- Contributing Author
Membership
- CIPA
Education
- University of Glasgow with an Honours degree in Biochemistry in 1998
- PhD in Biochemistry from the University of Cambridge in 2003
2 Contributions by Fiona Kellas
PRACTICE NOTES
Digital health IP protection: UK and EU practice for patents, designs, trade marks, copyright, database rights, trade secrets, open source, ownership, licensing and data protection across the product lifecycle
This Practice Note outlines the range of intellectual property (IP) protections available for a digital health product. It further explores ancillary IP issues, including safeguarding as a trade secret, incorporation of open-source software, possible ownership conflicts with staff and contractors, IP licences, and safeguarding patient information. The Practice Note additionally reviews IP planning throughout digital health product creation, from ideation and early research through advertising, marketing and sale, and on to later enhancements and upgrades.
What is digital health?
Digital health sits where healthcare IT meets medical devices, and encompasses the use of data to support diagnosis, treatment, prevention and monitoring of disease, as well as providing support to healthcare practitioners.
Using digital health devices to track patients can widen access to healthcare services without markedly raising costs. Such devices can feed back to clinicians in real time, enabling swift identification of abnormal variations or inconsistencies so that prompt, appropriate measures can be taken.
Digital health technologies include offerings such as:
mobile health (or m-health)—the use of mobile communication devices, such as mobile phones and smart watches, for health
Collectively, these topics frame IP strategy during digital health product development, from conception to research, advertising, marketing, sale, and onward improvements...
Life Sciences
PRACTICE NOTES
UK intellectual property for medical devices: confidentiality, patents, designs, trade marks, SPCs and parallel imports across the product lifecycle post-Brexit
Changes to intellectual property (IP) law from 1 January 2021
Before considering how IP law applies to medical devices, it is worth noting the position as at 31 December 2020 (IP completion day). The key development concerns EU trade marks (EUTMs) and registered Community designs (RCDs).
From 1 January 2021, proprietors of EUTMs and RCDs that were already registered and published automatically acquired equivalent, registered and enforceable UK rights (UK comparable rights).
Entries on the EUIPO register were effectively cloned onto the UKIPO register.
These UK comparable rights were created automatically and at no charge to the rights holder.
They preserve the filing date and, where relevant, the priority date of the original EUTM or RCD.
They are independent of the EU rights and can be assigned or licensed on a standalone basis.
Renewal fees must be paid separately for the original EUTMs and RCDs and for the UK comparable rights.
The EU design regime has also been reformed. Regulation (EU) 2024/2822, which amends Regulation (EC) 6/2002, has applied...
Life Sciences
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