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How To File A Patent Missouri On A Medical Device

Posted by Barry Choobin | Apr 18, 2021 | 0 Comments

There are several important steps to draft, file, and secure a Missouri patent on a medical device. In recent years, there has been massive innovation in the medical device industry. Of course, development of these new products can be a costly, complicated, and complex process. That is why seeking patent protection should be a high priority for inventors of any new medical device.

After all, this gives you the legal right to prevent others from manufacturing, copying, importing, or profiting from your invention, without your explicit permission. At the same time, reliable patent filing services empower you to own a market, attract investors, and earn industry prestige. To help you get started, read on to learn about how to file a patent Missouri on a medical device.

Hire A USPTO Patent Agent

First off, hire a registered agent to help you file a Missouri patent on a medical device. A licensed agent is an excellent resource to help you drat, file, and prosecute your application with the United States Patent & Trademark Office. When searching for an agent, be sure to examine their industry experience, process knowledge, and overall expertise.

Simultaneously, you should review their patent database to see some of the applications they recently obtained. Ideally, you will select an agent that is experienced in many related fields, such as medical devices, electronics, imaging, and information processing. Certainly, hiring an agent is an important first step to file a patent Missouri on a medical device.

Obtain A Patent Search Report

Next, you need to obtain an expert patent search report. Patent search services are important to limit financial expenditures, assess patentability, and improve the quality of your application. Expert search reports examine existing patents, as well as other publicly-available documents, for anything that is closely similar to your medical device invention. This way, you can confirm whether or not your invention truly is new, novel, and nonobvious. If your search does not uncover any relevant prior arts, you can confidently move forward in the Missouri patent filing process.

Of course, the search process helps to reduce redundant research, reduce risk of infringement, and gain insights into competitor activities. In fact, obtaining a report can even help you speed up time to commercialization, as well as maximize your opportunities for licensing and monetization. Surely, obtaining a search report is a pivotal step to file your medical device patent Missouri.

Secure A Provisional Patent Application (PPA)

Once you have done so, file a provisional patent Missouri on your medical device invention. A PPA thoroughly describes your invention in order to establish priority, and give you an official filing date with the USPTO. Once obtained, this application will provide you a “Patent Pending” status for a one-year pendency. During this time, you can assess the commercial viability of your invention, take advantage of confidentiality, and leverage immediate acceptance. In fact, filing a PPA even allows you to extend the patent term and accelerate the preliminary process. Indeed, provisional patent filing Missouri is a core step to protect your medical device.

Protect Your Invention's Structural Design

At this point, it is time to protect the structural design and configuration of your invention. If your medical device has any distinct visual or ornamental characteristics, consider securing them with a design patent application. These form of intellectual property typically have a higher allowance rate and are examined faster. Therefore, you can significantly boost your chances of obtaining patent protection. By obtaining a design patent, you can strategically prevent others from replicating or knocking-off your medical device design. Absolutely, protecting your structural design is essential when filing a patent MO.

File A Non-Provisional Utility Patent

Now that your “Patent Pending” status is near expiration, you are ready to file a non-provisional utility application Missouri. Unlike a design patent, a non provisional application will protect the functional aspects and utility of your medical device. This will provide broad IP protection, which makes it difficult for competing medical devices to avoid infringement. In addition, these applications are capable of protecting multiple different variations of your product. Definitely, filing a non-provisional utility patent Missouri is pivotal to secure your medical device invention.

There are several important steps to securely file a USPTO patent on a medical device. First off, hire a USPTO registered patent agent to help you navigate the process. Then, obtain an expert search report with the help of your licensed IP professional. Once you have done so, secure a PPA and “Patent Pending” status for your novel invention. At this point, it is time to protect the structural design of your medical device. Now, you are ready to fully protect your product with a complete non-provisional utility patent. Follow the points highlighted above to learn about how to file a patent Missouri on a medical device.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...

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