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Intellectual Property


Patents | Trade Marks | Designs

MedTech & Medical Devices

The team at Maucher Jenkins has been helping clients obtain medical device patents for over 30 years and over that period has gained a deep insight and experience into the particular problems that arise in medtech and medical device patenting.

In protecting medical device inventions for our clients our specialist activities include advising on strategy, obtaining grant of medical device patents, medical device utility models and medical device registered designs and in medical device IP enforcement.


Technical Expertise


We have experience and technical expertise in areas including airway management device patents such as laryngeal masks, endotracheal tubes, laryngoscope patents and related devices, and atomisers, lithotripsy devices, optics, medical implant patents including cardiac and orthopaedic implants, dental device patents and dental preparation patents; imaging technologies, including x-ray imaging, ultrasonic imaging and MRI; spectrophotometric monitoring; suturing devices; pacemakers; blood pressure monitors; pain care; and patient warming devices.


Medical device patenting requires a cross-discipline approach which many patent firms are not geared up to deal with. The team at Maucher Jenkins 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.


Medical Device Protection Strategy


A good medical device protection strategy includes far more than just getting patents granted. Do you know your patent landscape and are you free to operate? Who are your main competitors or potential licensees? Where 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? There are many issues that need to be considered and your advisors should have experience in handling them. Our long experience in this industry gives us this ability.


Other Useful Rights


There are other useful types of protection that can be gained for medical devices. With one of Europe's leading experts in registered design law on the team we are amongst the pioneers in the practice of obtaining utility models and registered designs for medical devices in Europe.



Medical Device Patent Case Study


The Client


The client, a consultant cardiologist working partly within the NHS and partly in private practice created an idea for a medical device for use in the treatment of cardiac arrhythmias.


A novel take on the implantable loop recorder, the idea for the device came about as a result of his private practice clinic in the treatment of a patient that presented with an unusual set of symptoms requiring a novel treatment approach.


Initial Consultation


Our initial consultations are always spent gaining an understanding of a client’s needs, their invention and the background against which it came about and advising on any issues needing swift attention. In this case, two issues were revealed as being of immediate concern; the client was about to disclose the invention to a potential manufacturer without any patent application or NDA being in place, and there was a possible dispute brewing over ownership as a result of the client’s work within the NHS.


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 week, allowing the meeting with the manufacturer to take place. Our cross-disciplinary approach meant we were able to field a team with all of the necessary anatomical and technical knowledge required to patent medical devices in this field. At the same time, our knowledge and expertise in matters of IP ownership in situations involving inventors working within the NHS meant that we were able to quickly advise so that 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. As a result of our Chinese offices' deep knowledge and understanding of the medical devices manufacturing market in China we are able to assist clients in exploring possibilities for manufacture there. The design process required several iterations and 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.


MedTech Intellectual Property Experts in Scotland


Our team in Edinburgh advised clients in the extensive medical research sector in Scotland which, benefitting from investment from the Scottish Government, is now responsible for £2.4 billion gross revenue for the Scottish economy.


Our IP attorneys in Scotland have a particular focus on Life Sciences, 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.

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