MedTech & Medical Devices Patent Attorneys & Intellectual Property Advisors

Our patent attorneys have been helping clients obtain medtech and medical device patents for over 30 years. We handle all aspects of securing these inventions for our clients, with our specialist activities including: 

 

• Advising on intellectual property strategy
• Obtaining grant of medical device patents
• Obtaining utility models and registered designs, and
• Medical device IP enforcement.

 

Medical technology is currently one of the largest and most exciting fields of research. Last year, 15,321 medical techology patent applications were filed with the EPO, making it the second largest field after digital communication.

 

See more information on filing trends on the EPO’s website: EPO 2021 Annual Report

 

Medtech and medical devices intellectual property protection strategy

 

A good intellectual property protection strategy includes far more than just getting patents granted. There are many other aspects of IP that should be considered, for example registered and unregistered designs.

 

The following considerations should be taken into account before disclosing your invention to third parties or pursuing patent protection:

 

• Do you know your patent landscape and are you free to operate?
• Who are your main competitors or potential licensees? 
• In which jurisdictions should you obtain protection? 
• Should you use utility models, and if so where and when is it appropriate?
• Your prototypes are made and ready to use but how do you address issues of confidentiality in testing them?

 

Our team’s long experience in this industry means that, with us as your advisors, you can be sure these aspects will be taken care of.

 

Why choose our medtech and medical devices intellectual property team?

 

Medical device patenting requires a cross-disciplinary approach to solve the legal questions we are faced with. Our team comprises professionals with technical backgrounds in life sciences, engineering and electronics to enable us to answer the objections raised by similarly skilled examiners at the European Patent Office. 

 

Our team is highly capable to handle the full range of intellectual property needs required for the medtech and medical devices field. 

 

We have experience and technical expertise in areas including:

• Airway management devices such as laryngeal masks, endotracheal tubes.
• Laryngoscopes and related devices; and atomisers, lithotripsy devices, optics
• Medical implants including cardiac and orthopaedic implants.
• Dental and dental preparation devices.
• Imaging technologies, including x-ray imaging, ultrasonic imaging and MRI.
• Spectrophotometric monitoring
• Suturing devices
• Pacemakers
• Blood pressure monitors
• Pain care; and
• Patient warming devices.

 

International intellectual property support

With offices in the UK, Germany and China, our team is able to assist you in navigating the specific exclusions that apply in these different jurisdictions. Where we do not have Maucher Jenkins offices, we have spent decades building relationships with local attorneys, and we review these providers annually to ensure they provide the best, cost effective services.

 

Medical device intellectual property protection case study

 

The client

Our client was a consultant cardiologist working partly within the NHS and partly in private practice. 

 

The consultant had developed a novel take on the implantable loop recorder for a medical device for use in the treatment of cardiac arrhythmias. The idea for the device came about as a result of treating of a patient that presented his private practice clinic with an unusual set of symptoms requiring a novel treatment approach.

 

Initial consultation

Our initial consultations are always spent gaining an understanding of the client’s needs, their invention and the background against which it came about. We will also advise on any issues that need swift attention. 

 

In this case, there were two issues of immediate concern:

• The client was due to disclose the invention to a potential manufacturer without any patent application or non-disclosure agreement (NDA) in place.
• There was a possible dispute brewing over ownership of the invention, as a result of the client’s work within the NHS.

 

Patent drafting and filing

As a result of the information gathered at the consultation, we were able to work with the client to draft and file a patent application within the same week, allowing the meeting with the manufacturer to take place as planned.

 

We have extensive knowledge and experience in matters of IP ownership in situations involving inventors working within the NHS. We were therefore able to quickly advise and no delay in filing the application was necessary. The early filing of a patent application meant that the client was free to explore design and manufacturing options with third parties. 

 

Registered design

The design process in this case required several iterations. Once a design was settled upon, our designs team helped the client protect the appearance of its new design and some new patentable technical enhancements. We were also able to assist the client and manufacturer in working with their Notified Body to obtain marketing approval.

 

Our team’s approach and expertise

Using our cross-disciplinary approach, we were able to field a team with all of the necessary anatomical and technical knowledge required to patent medical devices in this field. Our Chinese offices also provided knowledge and understanding of the medical devices manufacturing market in China. 

 

MedTech Intellectual Property Experts in Scotland

 

Our team in Edinburgh advise clients in the extensive medical research sector in Scotland which, along with the wider life science sector is now responsible for £2.4 billion gross revenue for the Scottish economy.

 

Our IP attorneys in Scotland have a particular focus on medtech and medical devices. They advise clients of all sizes in preparing, filing and prosecuting patent applications on an international scale, including in the USA and Europe. The team has experience advising start-up companies and entrepreneurs.