The Intricacies of Patenting Medical Devices and Surgical ProceduresMarch 6, 2015 – Articles Bloomberg BNA Intellectual Property Law Resource Center
Medical devices, prosthetics and contraptions surgically implanted within the body and surgical procedures that help us live longer, healthier and higher quality lives are often the subject of great ingenuity and innovation, and millions of dollars of research. To stimulate that research, investment and innovation, medical device companies and surgeons need to be able to protect their risk and investment, and patenting those innovative devices and surgical procedures is one way to stimulate that investment.
However those cases play out, patent laws that place limitations on liability of surgeons and healthcare entities further complicate obtaining patents covering surgical procedures and associated medical devices. This article identifies, for both patent prosecution practitioners and patent litigators, some of the issues relating to indirect infringement that may be helpful in their practice.