# Medical device patent attorneys for MedTech founders

> Flat-fee medical device patent attorney services for MedTech founders. Start with a $999 patentability search, refunded if it isn't patentable.

Page: https://arapackelaw.com/industries/medical-devices/  
Title: Medical Device Patent Attorney for MedTech | Rapacke Law Group  
Breadcrumb: [Home](https://arapackelaw.com/) / [Industries](https://arapackelaw.com/industries/) / [Medical devices](https://arapackelaw.com/industries/medical-devices/)

We protect the device, the software inside it and its name, timed around your FDA path, with one flat fee for each step.

- $999 patentability search
- No hourly billing
- Registered patent attorneys

## For the people who build medical devices.

From a surgeon's first prototype to a company adding to its portfolio, the work starts the same way. Find out what is new, then protect it before anyone else sees it.

- **Device startups** Founders turning a clinical idea into a product, protected before the first investor meeting or trial.
- **Surgeons and clinicians** Inventors who built a better instrument or tool in practice and want to own it before it spreads.
- **SaMD and AI teams** Software that informs a diagnosis or treatment, protected as a method and timed with its FDA pathway.
- **Growing MedTech companies** New filings and continuations on predictable flat fees, so the portfolio keeps pace with the product line.

## Four things worth protecting in a device.

Most devices carry more than one kind of protection. A patent on how it works, a design patent on how it looks and a trademark on its name each stop a different kind of copy.

### The device and how it works (utility patent)

The mechanism, the structure and the way it is used. Claims are written around what makes your device work better than what clinicians use today.

- Instruments and implants
- Delivery mechanisms
- Wearables and sensors
- Methods of manufacture

### Software as a medical device (utility patent)

Algorithms that analyze images, signals or patient data, claimed as a technical process tied to a clinical result rather than an abstract idea.

- Diagnostic and imaging software
- AI and machine learning models
- Monitoring and alerts

### The look of the housing (design patent)

The ornamental design of the housing, the handle or an on-screen interface, protected for 15 years from grant.

- Housings and handles
- Wearable form factors
- Device interfaces

Covered by The RLG Guarantee (USPTO denies it, full refund).

### The device name (trademark)

Clear and file the product name before your regulatory filings and labeling carry it, so the name you launch with is one you can keep.

- Device and product names
- Logos
- Platform names

Covered by The RLG Guarantee (Approved, or your money back).

**Some things stay secret.** A manufacturing process no one can see from the finished device may be worth more as a trade secret than as a published patent. Your attorney tells you which on your first call.

## Search, provisional, utility. Flat fees at every step.

Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most device founders file a provisional before any public disclosure, then the full application within 12 months.

### Start here, Patentability search

**$999** flat fee. Patentable or your money back. Credited toward a design or non-provisional application. Report in about 5 days.

- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Not patentable, full refund).

### Then, Provisional patent

**$2,500 to $3,500** flat fee. . Patent pending the day it is filed.

- A strategy call to capture how the device works
- Drafted by a registered patent attorney
- You review and approve it before filing

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Patentability issues, full refund).

### Within 12 months, Non-provisional patent

**$7,000 to $12,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline.

- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex devices quoted flat on your call

Flat fee, not covered by the guarantee.

### Alongside the patent

- **Design patent, $3,200.** For the housing or interface, office actions included. Covered by The RLG Guarantee.
- **Trademark, $2,000.** For the device name, USPTO fee for one class included. Covered by The RLG Guarantee.

## Two paths to market. Plan them together.

A patent and an FDA clearance answer different questions. The patent decides who can make and sell the device. The FDA decides whether it can be marketed at all. The timing of one shapes the other.

### Patent, who can make and sell it

1. **Search** ($999). Patentable, or your money back
2. **Provisional** (File first). Patent pending, before any disclosure
3. **Full application** (Month 12). Within 12 months
4. **Examination** (USPTO). The USPTO reviews the claims
5. **Granted**. Rights you can enforce

### FDA, whether it can be marketed

1. **Design and testing** (Disclosure risk). Bench and clinical work
2. **Submission** (FDA filing). 510(k), De Novo or PMA
3. **Review** (FDA). The FDA asks questions
4. **Cleared or approved**. Allowed on the market
5. **Launch**. Labeling and marketing claims

**File before you disclose.** Trial protocols, conference abstracts, investor decks and published clearance summaries can all make an invention public. File at least a provisional first.

- **Clearance is not protection.** FDA clearance lets you market a device. It does not stop a competitor from copying it. Only a patent, design patent or trademark does that.
- **Keep the story consistent.** What you tell the FDA about how the device works and what it does should not contradict what your patent application says. [Statements of efficacy in device patents](https://arapackelaw.com/patents/statements-efficacy-medical-device-patent/)
- **Use the regulatory clock.** Patent term runs from filing while premarket review takes time. Devices that go through premarket approval may qualify for a patent term extension. [How patent term extension works](https://arapackelaw.com/patents/patent-term-extension-learn-how-your-medical-device-inventions-can-benefit/)

*General information, not legal or regulatory advice. Your FDA pathway depends on the device and its classification.*

## Services for medical device companies.

One firm for the patent, the brand and the agreements around them.

- [Medical device patents](https://arapackelaw.com/patents/medical-device-patents/) (Markdown https://arapackelaw.com/patents/medical-device-patents.md). Devices, diagnostics and MedTech software.
- [Provisional patents](https://arapackelaw.com/patents/provisional-patents/) (Markdown https://arapackelaw.com/patents/provisional-patents.md). Patent pending while you build and test. Covered by The RLG Guarantee.
- [Design patents](https://arapackelaw.com/patents/design-patents/) (Markdown https://arapackelaw.com/patents/design-patents.md). Protect how the device looks. Covered by The RLG Guarantee.
- [Utility patents](https://arapackelaw.com/patents/utility-patents/) (Markdown https://arapackelaw.com/patents/utility-patents.md). Protect how it works.
- [Trademarks](https://arapackelaw.com/trademarks/) (Markdown https://arapackelaw.com/trademarks.md). Register the device and company name. Covered by The RLG Guarantee.
- [FDA regulatory compliance](https://arapackelaw.com/fda-regulatory-compliance/) (Markdown https://arapackelaw.com/fda-regulatory-compliance.md). Counsel on the regulatory side of launch.
- [IP licensing agreements](https://arapackelaw.com/intellectual-property-licensing-agreements/) (Markdown https://arapackelaw.com/intellectual-property-licensing-agreements.md). License a device or technology in or out.
- [Patent litigation](https://arapackelaw.com/ip-litigation/patent-litigation/) (Markdown https://arapackelaw.com/ip-litigation/patent-litigation.md). Enforce or defend a device patent.

## Before you file.

### When should I file a patent on my medical device?

Before any public disclosure. That includes trial protocols, conference talks, investor decks shared without an NDA and sales. The US gives inventors a one-year grace period after their own disclosure, but most other countries do not, so filing a provisional first keeps your international options open.

### Can software as a medical device be patented?

Often, yes, when it is claimed as a specific technical process tied to a clinical result, such as how an algorithm processes an image or a sensor signal. Software that only collects or displays data is less likely to qualify. The patentability search tells you where your invention stands before you file.

### Does FDA clearance protect my device from copies?

No. Clearance or approval lets you market the device. It does not stop anyone from making something similar. Protection comes from patents on how it works and how it looks, and a trademark on its name.

### How much does a medical device patent cost with your firm?

Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. Every fee is quoted before work begins, and the search fee is credited toward a design or non-provisional application.

### What does The RLG Guarantee cover for medical devices?

The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.

## Your attorneys

- [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Former Naval Engineering Officer. M.S. in electrical and electronics engineering.
- Chris Watt, Registered Patent Attorney, Former USPTO Examiner. Software, AI and machine learning, and MedTech. A full-stack software engineer.

Meet the team at https://arapackelaw.com/learn-more/the-team/

## Go deeper on medical device patents.

- [How To File a Medical Device Patent: A Comprehensive Guide](https://arapackelaw.com/patents/how-to-file-a-medical-device-patent/)
- [Types of Claims In Medical Device Patent Applications](https://arapackelaw.com/patents/types-of-claims-in-medical-device-patent-applications/)
- [Types of Medical Device Patents](https://arapackelaw.com/patents/medical-device/types-of-medical-device-patents/)
- [IP and FDA Regulatory Strategies Often Go Hand-In-Hand](https://arapackelaw.com/patents/medical-device/ip-fda-regulatory-strategies/)
- [Common Patent Eligibility Rejections for Medical Device Inventions](https://arapackelaw.com/patents/medical-device/common-patent-eligibility-rejections-medical-device/)
- [Do Not Underestimate the Value of Design Patents In A Medical Device IP Portfolio](https://arapackelaw.com/patents/value-of-design-patents-medical-device/)

[All medical device articles](https://arapackelaw.com/category/patents/medical-device/)

## Other industries

- [3D printing](https://arapackelaw.com/industries/3d-printing/) (Markdown https://arapackelaw.com/industries/3d-printing.md). Printers, processes, materials and the products they make.
- [Aerospace](https://arapackelaw.com/industries/aerospace/) (Markdown https://arapackelaw.com/industries/aerospace.md). Aircraft, drones and spacecraft, protected before the first public flight.
- [AI and machine learning](https://arapackelaw.com/industries/ai-machine-learning/) (Markdown https://arapackelaw.com/industries/ai-machine-learning.md). Models, training methods and the AI features inside your product.
- [Autonomous vehicles](https://arapackelaw.com/industries/autonomous-vehicles/) (Markdown https://arapackelaw.com/industries/autonomous-vehicles.md). Sensing, navigation and control systems for vehicles that drive themselves.
- [Blockchain](https://arapackelaw.com/industries/blockchain/) (Markdown https://arapackelaw.com/industries/blockchain.md). Protocols, wallets and the technical methods behind decentralized products.
- [Computer hardware](https://arapackelaw.com/industries/computer-hardware/) (Markdown https://arapackelaw.com/industries/computer-hardware.md). Components, peripherals and the systems that tie them together.
- [Consumer electronics](https://arapackelaw.com/industries/consumer-electronics/) (Markdown https://arapackelaw.com/industries/consumer-electronics.md). Devices people carry and use every day, from how they work to how they look.
- [Consumer products](https://arapackelaw.com/industries/consumer-products/) (Markdown https://arapackelaw.com/industries/consumer-products.md). Everyday products and the brands on them, protected before launch.
- [Cybersecurity](https://arapackelaw.com/industries/cybersecurity/) (Markdown https://arapackelaw.com/industries/cybersecurity.md). Security software and hardware, and what to patent or keep secret.
- [Defense](https://arapackelaw.com/industries/defense/) (Markdown https://arapackelaw.com/industries/defense.md). Defense technology, planned around contracts and export rules.
- [Digital health](https://arapackelaw.com/industries/digital-health/) (Markdown https://arapackelaw.com/industries/digital-health.md). Telehealth, remote monitoring and health apps, built around patient data.
- [E-commerce](https://arapackelaw.com/industries/ecommerce/) (Markdown https://arapackelaw.com/industries/ecommerce.md). Online brands and Amazon sellers, from the trademark to the product itself.
- [Electrical hardware](https://arapackelaw.com/industries/electrical/) (Markdown https://arapackelaw.com/industries/electrical.md). Power electronics, controls, sensors, batteries and motors, from circuit to system.
- [Energy and clean tech](https://arapackelaw.com/industries/energy/) (Markdown https://arapackelaw.com/industries/energy.md). Batteries, solar, storage, charging and the grid, from the cell to the system.
- [Fintech](https://arapackelaw.com/industries/fintech/) (Markdown https://arapackelaw.com/industries/fintech.md). Payments, lending and trading technology, claimed as technical improvements.
- [Gaming](https://arapackelaw.com/industries/gaming/) (Markdown https://arapackelaw.com/industries/gaming.md). Game engines, mechanics, controllers and titles, protected before the reveal.
- [Robotics](https://arapackelaw.com/industries/robotics/) (Markdown https://arapackelaw.com/industries/robotics.md). Robots, grippers and the software that moves them, protected before the pilot.
- [Semiconductors](https://arapackelaw.com/industries/semiconductors/) (Markdown https://arapackelaw.com/industries/semiconductors.md). Chip design, fabrication processes and packaging.
- [Software and SaaS](https://arapackelaw.com/industries/software-saas/) (Markdown https://arapackelaw.com/industries/software-saas.md). The methods your platform performs, protected however the code is written.
- [Sporting goods](https://arapackelaw.com/industries/sporting-goods/) (Markdown https://arapackelaw.com/industries/sporting-goods.md). Equipment and gear, from how it performs to the design customers recognize.

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.