Medical technologies represent another key practice area, complementing our strength in the pharmaceutical and healthcare sectors. Our medical device patent attorneys have backgrounds in a wide range of technical disciplines, from physics and mechanical engineering to pharmaceuticals and biotechnology, providing a cross-disciplinary service that ensures the best outcomes for our clients.
As specialist medical device patent attorneys, we help clients obtain effective patent protection covering the complete range of products and processes in this field, for example:
We also carry out freedom-to-operate analyses and risk assessments in relation to competitor patents, which is particularly important for medical devices in view of the large number of patent applications that are filed in this sector, and the prevalence of patent thickets that can make market access difficult. In particular, we investigate the patent landscape relevant to our clients’ products and provide guidance to our clients regarding the scope of competitor patents and how to avoid infringement of those patent rights. This work often generates innovative solutions, which we then protect with new patent applications, thereby protecting our clients’ investment in their product development. Furthermore, where appropriate, we take aggressive action to invalidate and clear away obstructive patents that impede our clients’ activities. We also advise clients in respect of registered and unregistered design rights that protect the shape and appearance of products, which is an important aspect of IP protection for many medical devices that are often overlooked, particularly in relation to low-cost, easily-copied consumables.
If intellectual property (IP) protection opportunities and threats are identified at the right stage of the design or research process they can benefit the end product design and its commercial success. Our Medical Devices team has put together this IP toolkit with this specific technology sector in mind.
In the recent decision, T1665/16, the Boards of Appeal discussed the ability of a third party to intervene at the appeal stage and, in doing so, introduce new prior art documents into the proceedings that would be inadmissible if they had been filed by an opponent already party to the proceedings.