Medical Applications


#1

Hi, my name is Martin Bammes. I invented an algorithm to control video games with EEG data.
We’ve been developing on the Mindwave, and the Epoc for a while, but Muse company founder claimed that this headset was an actual medical device.
Question: Is the Muse a class, 1, 2, or 3 medical device?
I ask because my game is testing veterans with TBI associated PTSD, and I’m wondering if I might be able to use this headset when I’m not using a traditional 10/20 array.

Second Question: What am I allowed to do with the SDK? NeuroSky threatens to sue me if I use my own algorithm on their headset. Will Muse do the same?

Thank you.


#2

I don’t think Interaxon has ever claimed their headset is a medical device? Have you got a link to that statement?

The SDK agreement actually specifically excludes developing apps for medical use and makes you contact them directly if you even want to get involved in that.

The rest of it is pretty standard stuff. This is copied from the Android SDK terms in the v1.3.0 installer.

I think you’ll be fine doing your own thing. They specifically give you access to the raw data from each sensor; so doing your own algorithms seems like exactly what they’re aiming for.

[B]“Excluded Application”[/B] means an Application which is: (i) sold, licensed,
leased, or otherwise disposed of for a list price of more than US$200 or
local equivalent or US$200 per year or local equivalent if on subscription,
lease or similar basis; (ii) sold, licensed, leased or otherwise disposed
of as part of, or for use with, another application, system, machine or
device (other than a personal computer having a list price of more than
US$200 or local equivalent, or US$200 per year or local equivalent if
on subscription, lease or similar basis);or (iii) [B]designed for use, or[/B]
that is [B]primarily used, with[/B] or for control, whether direct or indirect,
of industrial, commercial, military or [B]medical equipment[/B].

Then goes on further to say:

For greater certainty, You may develop and test Excluded Applications,
provided, however that You acknowledge and agree that this Agreement
does not grant You rights to distribute Excluded Applications. If You
wish to distribute, exploit or otherwise commercialize Your Application
or Excluded Applications, You may not do so under this Agreement, and
[B]must contact InteraXon’s business development team[/B] at HYPERLINK
"mailto:business@interaxon.ca" business@interaxon.ca [B]and enter into an
appropriate agreement with InteraXon[/B].


#3

Thank you. That clears some stuff up. I like the headset. I do need a range of sensors, and I would get better responses compared to the Mindwave. I’ll do some stuff, and see if I want to pay Muse so I can commercialize my app.