Intellectual Property Law · Licensing · Technology Innovation

Medical device patents: Understand all you need to do to get one

| Nov 8, 2021 | Patents |

Getting a medical device patent is not always as simple as you’d hope. You have to show that your device is unique and can be specifically designed and detailed. You have to disclose your invention when you patent it, so it’s smart to work with someone who is familiar with intellectual property (IP) strategies since they can help you minimize the risk of having your IP rights stolen. 

Before you can get a patent, you will need to go through a patent search. Your attorney can help you do this to ensure you’re not infringing on another person’s idea and patent. 

Filing your medical device patent

You’ll need to file the device with the United States Patent and Trademark Office (USPTO). There are fees associated with getting a patent, such as the basic application, provisional filing and search fees. Be prepared to cover those fees so that you can be sure that your patent goes through smoothly and protects your intellectual property and investment.

Why is it a good idea to work with an intellectual property attorney?

Since there are so many devices that have already been patented but that may not yet be on the market, having someone to help you decide if your idea is patentable and if getting a patent is the right choice for you is smart. Getting a patent is expensive, but there are other methods you can use to protect your ideas and products. 

Our website has more on how you can work toward a patent for your device or use other methods to bring it to the market while protecting your IP.