Who Owns the Platform? Device and Software Rights and Risks in Collaboration Structures
Summary
This is the second in a series of articles designed to provide SXSW and LSI USA ’26 attendees and other MedTech professionals with practical considerations for efficiently executing mission-critical life science deals. To ensure a successful collaboration, it is essential to maintain ownership of core technology while granting reasonable usage rights throughout the partnership. If the company intends to license the platform broadly, restrictions that limit deployment to specific devices, customers, or geographies create friction. We regularly see structures where a health system or strategic partner holds the FDA clearance or CE mark, and the company provides the software under license. For health systems, clarity around regulatory responsibility, data rights, and improvement ownership determines whether collaboration creates sustainable value or long-term risk.