If you believe that you have come up with a novel and unique idea for a new medical device, then it is important that you begin to research how to protect your intellectual property. There is a specific sub-category of utility patents for medical devices, and the first step that you will need to take is to research existing patents to ensure that you truly have invented something new and unique. This process can be arduous and confusing, giving the vague nature of many patents, and the extensive archives
of active patents in the United States. Once you have determined that your invention is original and does not infringe on existing patents, the next step is to file through the United States Patent and Trademark Office
(USPTO). This step, much like the research phase, can be extremely daunting to anyone not familiar with the patent application process (and often to people who are familiar with it!). The Patent Professor has over 20 years of experience with guiding clients through the entire patent process, from research to application submission, and follow up advising after a patent has been approved. When you hire The Patent Professor to guide you through this process, you will be able to focus on developing your medical device, planning your marketing, and creating a business around your invention while we handle your research and application. Once you are granted a medical device patent, you will be given a 20-year period that you hold the exclusive rights to the sales, production, and distribution to your invention without having to worry about competing against knockoff competitors.
What Is the Process of Patenting a Medical Device?
A medical device patent
is essentially a utility patent, meaning that the process is the same as filing for any utility patent, but requires that your filing is specified as a medical device and includes all required information. Before doing anything, you need to be sure that your idea requires a patent, and not a copyright or trademark. Once you have established that a medical device utility patent is what you need, then you are ready to move on.
After you have determined that you require a patent for your intellectual property, the next step is to ensure that there are no existing patents that you could possibly be infringing upon. To do so, you will need to do an extensive patent search. This process can be exceptionally difficult, given the complexity of medical devices
and the number of pieces of each utility patent that you will need to research. While there is no legal requirement to have the assistance of a patent lawyer, most people opt to bring in professional help because of the enormity of this task.
Type of Patent
Once you have done your research and determined that you are able to file a patent, you must then ensure that you will be filing for a utility patent for your medical device. In addition to filing for the utility patent, you must also determine whether or not you will need a design patent to go along with the machine in order to protect the ornamental designs of your invention. We will work with you to determine the most appropriate application(s) to submit to fully protect your ideas.
Completing Your Application
Finally, you are ready to apply for your medical device patent. The application process is as complicated as the research phase, and again, can greatly benefit from the help of a legal professional to ensure that your application includes all relevant documentation, complete forms, and proof of your original idea to increase the chances of an approved application.
Review and Submission
Before making your submission, you will want to review the entire application to ensure that you can avoid a rejection due to incomplete information. The Patent Professor can help you review your application, or can be with you from the start to handle all of your research, fill your application out, and follow the process all the way through to an approved patent.
If your patent is approved, you will then be required to submit an issue fee before you will receive your final patent. After you make your final payment, you can expect to receive your patent in roughly one month. Once you are approved, The Patent Professor will be able to help walk you through the legal impact that your patent holds, and how you will be able to use this protection to full advantage in order to further your business and capitalize on your invention.
Should I Apply for a Medical Device Patent?
If your medical device idea is unique, then you should absolutely apply for a patent to protect your intellectual property. Whether or not you are positive of the uniqueness of your idea, The Patent Professor will be able to review your concept, research existing patents, and return a report to you that gives our professional recommendation on whether or not you should proceed with your application. Our experience will be a major asset to you during the application process, as our experience and history of successful applications shows.
Can The Patent Professor Help With My Medical Device Patent?
No matter what stage you are in with your medical device patent journey, we will be able to help you move towards success. When you hire The Patent Professor
, you can be sure that the additional confusion of patent research, the stresses of completing an application, and the uncertainty of how to best capitalize on your legal protection will be dissipated. While we are focusing on the exact requirements of the USPTO, you can focus on your invention, the market for it, and building your future around your intellectual property. Contact us today for an initial consultation, and to discuss how our process works when working with patent clients.