To get a patent for your medical device invention or idea in the United States, you must file an application with the U.S. Patent and Trademark Office.
Medical Device Patent Application Process
The medical device patent application process generally involves:
• Creating a detailed illustration of your medical device invention.
• Conducting a patent search to ensure that your medical device idea is not already patented or infringing on another patent.
Submitting a completed application form and filing fees to the U.S. Patent and Trademark Office (USPTO) or to another national or international body, such as the World Intellectual Property Office (WIPO). The more countries covered by your application, the more fees you will pay, and the broader your potential protection.
How Long Does It Take to Get a Medical Device Patent?
The application process getting your medical device patent approved begins, which might take some time—two or more years.
Costs and Fees for Medical Device Patents
If you use a patent attorney, you should budget to spend $6000 to $10,000 per application.
International Medical Device Patent Protection
Where you file the patent application(s) also provides additional protection for your medical device idea. For instance, just because you have a U.S. medical device patent, it doesn’t mean that a producer in another country cannot copy your idea and sell it outside the United States
Medical Parts & Logistics corp. services provides a set of advantages for medical device innovators.
Medical Parts & Logistic corp.offers a range of services to assist you, in transforming an innovation into market.
There are many companies, organizations and individuals that work with innovators to bring products to market. We have three keys to get it.
• Entire process: The methodology to provide the medical device innovator with a comprehensive menu of services and expertise in the entire process – from start to finish.
• Experienced, proven, successful: Medical Parts & Logistics corp., is positioned to guide through the challenges inherent with the entire medical device development and commercialization process.
• Partnership options: Medical Parts & Logistics, corp., offers a range of partnership options, to decide what’s best for you and your project.
Licensing technology and intellectual property for the development of medical formulations.
Reliable patent information is often hard to come by, but it is essential to the work of the Medicines Patent and organisations who are engaged with intellectual property and access to medicines.
The Medicines Patent database provides information on the patent status of selected medicines in low- and middle-income countries. It enables users to search by country/region and by medicine to obtain information on the key patents relating to each medicine.
References
• Patentability of inventions, 35 U.S.C. §101–103 (2004).
• Application for patent, 35 U.S.C. §112 (2004).
• American Medical Association. Patenting of medical procedures. In: Code of medical ethics of the American Medical Association: current opinions with annotations. 2006–2007 ed. Chicago (IL): AMA; 2006. p. 292–3.• American Medical Association. Patent for surgical or diagnostic instrument. In: Code of medical ethics of the American Medical Association: current opinions with annotations. 2006–2007 ed. Chicago (IL): AMA; 2006. p. 291–2.
• Doll JJ. Talking gene patents. Sci Am 2001;285:28.
• Utility examination guidelines. United States Patent and Trademark Office. Fed Regist 2001;66:1092–9.
• United States Patent and Trademark Office. Public comments on the United States Patent and Trademark Office «revised interim utility examination guidelines.» Alexandria (VA): USPTO; 2000. Available
• Spiegel J. Comment 44. In: United States Patent and Trademark Office. Public comments on the United States Patent and Trademark Office «revised interim utility examination guidelines.» Alexandria (VA): USPTO; 2000. Available at: http://www.uspto.gov/web/offices/com/sol/ comments/utilguide/nih2.pdf. Retrieved January 5, 2007.
• Doll JJ. The patenting of DNA. Science 1998;280:689–90.
• Wheeler DL. Will DNA patents hinder research? Lawyers say not to worry. Chron High Educ 1999 July 16; 46:A19.
• American College of Medical Genetics. Position statement on gene patents and accessibility of gene testing. Bethesda (MD):ACMG;1999. Available at http://genetics.faseb.org/ genetics/acmg/pol-34.htm. Retrieved December 13, 2006.
• Dorozynski A. France challenges patent for genetic screening of breast cancer. BMJ 2001;323:589.
• Watson R. MEPs add their voice to protest at patent for breast cancer gene. BMJ 2001;323:888.
• Marshall E. Genetic testing. Families sue hospital, scientist for control of Canavan gene. Science 2000;290:1062.
• Heller MA, Eisenberg RS. Can patents deter innovation? The anticommons in biomedical research. Science 1998; 280:698–701.
• Williamson AR. Gene patents: socially acceptable monopolies or an unnecessary hindrance to research? Trends Genet 2001;17:670–3.
Smaglik P. Tissue donors use their influence in deal over gene patent terms. Nature 2000;407:821.