Intellectual Property Aspects of the Medical Device IndustryPatents-Trademarks-Trade SecretsHow does intellectual property affect device design?
Intellectual Property-Intellectual property (IP) is the term used to describe the legal property rights over creations of the mind.-Common forms of IP include copyrights, trademarks, trade secrets, and patents-Copyright: protects original art, music or authorship-Trademark: protects recognizable design or expression (registration fee with USPO). Must re-register with USPO. Can protect for lifetime.-Trade-secret: protects something that can’t be reverse-engineered. Must keep it a secret.
Patents and Intellectual Property in the medical device industry There is an abundance of intellectual property in the medical device industry.When designing or manufacturing a medical implant it is important to do a broad patent search through the US Patent and Trademark OfficeQuestions to consider for patentability: is the device design obvious or anticipated? is some aspect of its design covered in another patent claim literally or through the Doctrine of Equivalents?
PatentsA patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office.