How to patent your medical device.

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If you’ve developed a medical device, you know the potential it has to save lives. But if no one knows about it, that potential goes unrealized. Say’s Dr. Jon Kiev, fortunately for inventors and investors alike, there are ways to protect your invention so that it can be shared with the world.

The first step is to determine whether your idea is eligible for patent protection at all—not all inventions qualify! If it does meet the requirements, then you’ll want to take these steps to get your product out there as quickly as possible:

Section outline:

Defining your invention.

  • What is a medical device?

A device is any object that can be used to diagnose, cure, treat or prevent disease. It can also be an instrument used in surgery or dentistry. Medical devices range from simple tongue depressors to complex implantable heart valves. The Food and Drug Administration (FDA) regulates the safety of all medical devices before they’re put on the market; however, if you plan to sell your invention through retail channels such as pharmacies or online stores, then your product will also need approval by other agencies such as Underwriters Laboratories (UL).

  • What makes something patentable?

An invention must meet three requirements: novelty (you can’t patent something that’s already been invented), utility (it has practical use), non-obviousness (the invention isn’t similar enough to previous inventions). You must also file for a provisional patent within one year after you publish information about your invention publicly or offer it for sale commercially before filing for full rights later on down the road when things get rolling smoothly!

Searching for existing patent information.

The first step in the patent process is to determine whether your idea has already been patented. You can do this by searching for existing patents at the U.S. Patent & Trademark Office (USPTO).

You’ll want to look for similar patents that have been granted and published, but haven’t yet expired; these will give you an idea of what types of claims are allowed by law, which may help you determine whether or not certain features of your device will be covered under existing patents.

If there aren’t any similar inventions out there yet, then it’s time for step two: filing an application!

Drafting a patent application.

Once you have decided to patent your medical device, the next step is to draft a patent application. A patent application is a document that describes the invention and provides instructions for making and using it. It also includes drawings of the invention, as well as a complete description of how your innovation works.

Filing and waiting for approval.

Once you’ve filed your patent application, it’s time to wait. The process of getting a patent approved can take several years, but there are things you can do in the meantime to help speed up the process.

Patents protect ideas and keep them from being stolen.

Patents are a form of intellectual property that protect ideas from being stolen. They can be used as a marketing tool, sold or licensed to others, used for research and development, or all three.

Patent protection is an important part of any product development strategy because it provides you with the assurance that your idea will not be copied by others.


If you’re looking to patent your medical device, we can help. We have a team of experienced patent attorneys who can assist with the process and make sure that your idea is protected from being stolen by others.

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