December 21, 2018

Leveraging Examiner Interviews to Further Prosecution in Medical Device Patent Applications (Part 1 of 2)

One way that patent applicants and patent examiners can communicate about the prosecution of a medical device patent application is by conducting an interview with the examiner. Patent examiner interviews are common practice and are encouraged by the US Patent […]
November 20, 2018

Copyright as an IP Protection Strategy for Medical Device Software

Software is frequently employed in medical device technologies. Since software code is written, and producing new software for medical devices requires some creativity on the part of the programmer, software code is usually eligible for intellectual property legal protections. One […]
September 18, 2018

The Role Trademarks Play in Medical Device Technologies

Trademarks are one of the primary ways for a medical device company to convey their brand to patients, medical professionals and healthcare systems. Since trademarks are a distinctive way for consumers to identify your company and its products, it is […]
August 30, 2018

Market Clearance Searches for Medical Device Innovations

No one needs to reinvent the wheel and you shouldn’t waste valuable time, money and resources designing a “new” medical device that already exists. Before committing too much in terms of time and development budget dollars to a new medical […]
July 16, 2018

Making Statements Concerning Efficacy or Safety in Medical Device Patent Applications

When applying for a medical device patent, the application must describe and define what is often called the “inventive concept” of the invention. In addition, the application must describe this inventive concept in the claim(s) and avoid duplicating anything that […]
May 24, 2018

Types of Claims In Medical Device Patent Applications

In the US, assuming the statutory criteria are met, patents are granted by the US Patent & Trademark Office (USPTO) to an inventor for his or her new invention. The patent grants exclusive rights for 20 years for the inventor […]
May 17, 2018

Do Not Underestimate the Value of Design Patents In A Medical Device IP Portfolio

The US Patent Act allows inventors to patent many types of inventions. In general, 35 U.S.C. §101 covers what are generally called “utility” patents and §171 governs what are called design patents. With respect to new medical devices, many inventors […]
March 22, 2018

Patent Term Extension: Learn How Your Medical Device Inventions Can Benefit

It takes many years for new drugs and new medical devices to wind their way through the approval process of the Federal Food and Drug Administration (FDA). It can take anywhere from three to eight years on average for new […]
February 2, 2018

Patenting Medical Devices: Patent Novelty vs. Commercial Novelty

As with any invention, it is important for innovators and medical device companies to understand that there is a difference between patent novelty and commercial novelty. These two types of novelty are both important in terms of commercialization and monetization […]
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