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How Medical Device Patent Attorneys Protect Healthcare Inventions

Posted by Barry Choobin | Dec 14, 2023 | 0 Comments

Discover how medical device patent attorneys protect healthcare inventions. Novel medical inventions such as surgical systems, training devices, and imaging equipment often require patent protection. Top medical IP attorneys help inventors secure a wide range of medical products and methodologies. Their professional intellectual property services secure these inventions for commercial operations in domestic and international markets. Experienced attorneys follow a personalized approach to navigate the competitive medical landscape – minimizing potential IP filing risks. If you want legal protection for your medical inventions, a professional IP attorney will provide end-to-end assistance with the patent filing process. Whether you want to protect a new medical device or surgical method, these lawyers will follow a strategic approach to acquire the necessary IP rights. Read on to learn how medical device patent attorneys provide protection for healthcare inventions.

Address Patent Complexity For Your Device

First, medical device patent attorneys address the IP protection complexity for your device. Your healthcare invention may involve a combination of software, hardware, and technical elements. This complex nature of medical devices may often result in unintentional infringement of existing inventions. Your patent attorney will assess the complexity of your device to evaluate the patentable assets. This way, you can avoid expensive litigation, unexpected financial losses, and damaged market reputation. Of course, experienced medical IP attorneys also validate whether inventions align with USPTO regulatory requirements. Based on product complexity, your lawyer may also determine necessary trade secrets for complete IP protection. Definitely, contact medical device IP attorneys to assess the patent complexity of your invention.

Perform Prior Art Search For Existing Devices

Next, ask medical device patent attorneys for a comprehensive prior art search on existing healthcare inventions. During prior art search, professional IP lawyers carefully review different available resources – including the USPTO database, trade brochures, and PTRC libraries. If similar inventions exist, your lawyer may help establish novelty and non-obviousness for your medical device. In many cases, pharmaceutical, biotech, and software inventions are also protected with medical device patents. Professional medical device IP lawyers may suggest subtle improvements to distinguish your invention from these existing patents. Based on the prior art search results, your attorney will develop a strong patent application for the USPTO examiner. Definitely, contact experienced medical device patent attorneys for prior art search on existing healthcare devices.

Suggest The Right Medical Device Claims

Medical device patent attorneys also suggest suitable claims to protect your healthcare invention. For complete IP protection, medical patent applications must clearly lay out all necessary claims. The most common medical patent claims include – apparatus, system of use, methods, and kit claims. Before drafting patent applications, your attorney will determine the appropriate claims best suited for your invention. Ideally, a comprehensive patent application may include a combination of multiple claims to highlight a distinctive product nature. Based on the product category, your medical device attorney may also include all claims in your patent application. Indeed, medical device IP attorneys suggest required claims for getting a patent for a product in healthcare.

Prepare Comprehensive Healthcare Patent Applications

Medical device patent attorneys specialize in preparing comprehensive healthcare patent applications. Poorly drafted applications may increase long-term expenses and jeopardize your market reputation. Professional medical IP attorneys implement best strategies to draft the patent application – while eliminating common mistakes. These patent applications include invention title, related patents, brief summary, detailed description, and relevant product drawings. Additionally, IP lawyers describe the distinguishable elements of the invention – compared to existing patents. If necessary, your attorney may also mention details about other stakeholders and business partners. Finally, these patent applications are reviewed to eliminate potential typos, spelling errors, and other subtle mistakes. Indeed, work with a medical device patent attorney to prepare a comprehensive healthcare patent application.

Prosecute Patent Filing With USPTO

Once your application is ready, medical device patent attorneys help file and prosecute with the USPTO. Your healthcare patent attorney will most likely file the application as quickly as possible through the Electronic Filing System (EFS). In some cases, the lawyer may even submit your application within a few days of creating the initial draft. During the USPTO filing process, the attorney will also prosecute IP ownership rights on your behalf – especially if there are multiple inventors. Work with your lawyer to monitor your patent application progress at the USPTO office. Indeed, contact a professional medical device patent attorney to prosecute filing with USPTO.

Medical device patent attorneys follow a comprehensive process to protect novel healthcare inventions. Experienced patent attorneys address the overall patent complexity for new devices. Then, these attorneys perform a comprehensive prior art search to evaluate similarities with existing patented applications. Next, your patent attorney in New York will help select relevant medical claims best suited for your invention. Based on the prior art search results, your attorney will prepare a comprehensive patent application with relevant information. Of course, the attorney will assist and prosecute the patent filing process with the USPTO office on your behalf. Follow the points above to know how medical device patent attorneys protect healthcare inventions.

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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