Our medical device team have strong cross-disciplinary skills, and are adept at ensuring that the most appropriate people are involved in any matter.
Medical devices are typically high-technology, high-value products. Even apparently simple devices such as stents may be formed from advanced materials, and may cost several thousands of pounds each.
Numerous companies and research institutions are simultaneously engaged in development of new medical devices, and improvement of existing medical devices. The high costs associated with development, and the number of entities engaged in active development in any particular field, mean that intellectual property rights such as patents are essential in this sector.
Large companies use granted patents to maintain the market share of their most successful products, and smaller companies need to file patent applications to obtain access to investment, and to open commercial discussions with larger companies.
Medical Devices team
Our clients include a UK orthotics manufacturer; a developer of vials, pre-filled syringes and autoinjectors; and a worldwide manufacturer and provider of medical technologies for the health care industry.
We advise on global protection strategies, taking into account the different approaches taken by patent offices around the world. For example, some countries allow patents that claim a method of treating the human body whereas others do not. We will therefore adjust the scope of the patent applications so as to achieve the maximum protection in the desired territories.
Medical devices exist at the intersection of a number of scientific disciplines. As a consequence, patent attorneys engaged in the drafting of patent applications for medical devices need to have an understanding of multiple disciplines such as biology, chemistry, materials, engineering, and electronics.
The potential rewards involved in producing a successful medical device product mean that companies in this sector defend their rights vigorously, and several highly expensive patent trials in recent years have involved medical devices. At an early stage in the development of any new product, it is important to understand the likelihood of being sued, as there is a high cost involved in the development and regulatory approval of many medical devices. We are experienced at defining the scope of freedom to operate searches and preparing freedom to operate opinions based on the results of these searches.