We provide patent services exclusively focused on medical innovation. Every engagement draws on deep experience with medical device technology, USPTO prosecution practice, and the regulatory landscape that shapes medical product development.
Patent Prosecution
Patent prosecution is the core of the practice. We draft and prosecute utility patent applications for medical devices, surgical instruments, diagnostic equipment, digital health platforms, implantable devices, and drug delivery systems. Prosecution includes preparing the specification, claims, and drawings; responding to USPTO office actions; conducting examiner interviews; and managing the application through issuance. Our claims are drafted with enforceability in mind, not just allowability. A patent that issues with narrow, easily-designed-around claims has limited value regardless of how quickly it got through examination.
Provisional Patent Applications
We draft provisional applications that serve as genuine priority documents, not placeholders. A provisional must describe the invention with the same specificity required of a non-provisional application for the priority date to hold. We treat provisionals accordingly, with full technical descriptions, detailed drawings, and coverage of contemplated embodiments. This approach protects inventors who need to secure a filing date before finalizing the product or raising capital.
Detailed guide on provisional applications for medical devices.
Design Patents
Design patents protect the ornamental appearance of a medical device, instrument, or component. They issue faster than utility patents, face fewer rejections during examination, and provide an additional layer of IP protection. Design patent coverage is particularly valuable for devices where visual appearance influences purchasing decisions, such as handheld instruments, wearable monitors, or patient-facing equipment.
Learn about design patents for medical devices.
Patent Portfolio Strategy
For companies with multiple products or product generations, we develop portfolio strategies that align patent filings with the product roadmap, competitive landscape, and business objectives (whether those objectives involve licensing, deterrence, or positioning for acquisition). Portfolio strategy includes identifying which innovations merit patent protection, timing filings to maximize coverage, and using continuations and divisionals to build layered protection.
Read about medical patent portfolio strategy.
FDA and Patent Coordination
Medical devices require both IP protection and regulatory clearance, and the two timelines interact. We coordinate patent filings with FDA submission schedules to prevent inadvertent prior art creation, maximize patent term, and align IP milestones with regulatory milestones. For devices eligible for patent term extension under 35 U.S.C. 156, we manage the extension process.
Read about FDA and patent strategy coordination.
Patentability Opinions
Before committing to prosecution, a patentability opinion provides an informed assessment of whether the device, or specific aspects of it, is likely patentable in view of the prior art. We conduct thorough prior art searches and deliver candid written opinions that help inventors and companies make informed decisions about where to invest their patent budget.
Freedom-to-Operate Analysis
Before launching a medical device, a freedom-to-operate analysis identifies existing patents that could pose infringement risk. We review relevant patent claims, assess the scope of coverage, and identify design-around options where risks exist. For medical devices entering a crowded patent landscape, this analysis is essential pre-launch diligence.
Get Started
Schedule a free consultation to discuss your medical device and the patent strategy best suited to your situation.