Risks of Not Filing Medical Device Patents Correctly

You must try to avoid patent mistakes for any new device, especially in the field of healthcare. As some small inventors may wish to be recognized for coming up with new inventions in future, they need to be cautious. Caution is needed especially in securing and crafting the ownership of the property. Here are some of the mistakes that may be made, making you lose patent rights.

Single-Filing a Medical Device Patent

The invention of a medical start-up Theranos, a blood testing device, reached the unicorn status in the venture community market. However, the issues related to its patent were never fully explored for the benefit of the medical inventor. This is because the inventor opted for self-filing of the first patent under the older USPTO system. The patent rights were given to USPTO systems as the first firm to invent the model. It led to the downfall of the scientist since the patent rights were not fully protected. That is a significant cautionary tale.

Possessing an Impulsive Medical Idea

It was an impulsive idea by the scientist having a wearable and ingestible medical device that could analyze blood and release therapeutic compounds as required. The scientist sneaked the device through the system due to other several instruments that were waiting for patent rights. The process was poorly done, thus costing the scientist the true ownership of the invention and the rights to it.

Have Defensible Medical Patents

The major patenting issues that emerged were the failure of the scientists to secure subsidiary patents around the key technologies that would protect the innovation from copycats. Since the innovator had not used a board-certified patent attorney in analyzing and defending the intellectual property portfolio, it opened doors for mischievous players to benefit from the invention. Besides, the first evil player was the friend to the scientist who filed a technology patent which could transmit blood analysis from the medical device to the doctor for review.

Naivety from the Inventor

As the scientists was busy working on modifying the medical device, the inventor needed to integrate this invention and protect it. A close friend took advantage of the innovator’s naivety. The friend went ahead in doing more research on the scientist’s ideas and ended up profiting from it. Inventors should, therefore, not mention their plans to anyone before they finalize all the patenting processes.

Learning from Mistakes of Other Inventors

Medical device inventors should carefully file a well-crafted and a worded patent. They should also seek the services of an attorney to help protect their IP. It will not only demonstrate the innovator’s deep understanding of how their ideas may shape the medical device sector but will also defend against questionable entities in the market.

It would be surprising for established biomedical companies like DarioHealth Corp. (NASDAQ: DRIO) to commit the rookie mistakes above since these older companies have robust legal teams to take care of all intellectual property protection issues.

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