13.Intellectual.Property.2019.pdf - Intellectual Property...

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Intellectual Property Aspects of the Medical Device Industry Patents-Trademarks-Trade Secrets How 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 Office Questions 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?
Patents A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office.

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