A patent is a legal right that gives individuals or companies exclusive control over an invention for a limited time, usually about 20 years from the filing date. For medical devices, that invention might be a new physical design, a novel mechanism, a diagnostic method, or a software-driven feature built into the device. 

To qualify for a patent, a medical device generally must be:

• New: Not previously disclosed in patents, publications, or public use.

• Non-obvious: Not an obvious variation of what already exists to someone skilled in the field.

• Useful: Able to provide a real, practical medical benefit

Without a patent, competitors can often replicate an idea or product once it becomes visible to the public. A solid patent provides exclusive rights to manufacture sell or license protected intellectual property and stops others from doing the same without permission.

Key benefits of this protection include:

• The ability to control pricing, distribution, and licensing terms.

• Time to establish brand recognition and clinical confidence without copycat products eroding your position.

• Legal grounds to challenge infringing competitors if needed.thepassmachine+2

For small or emerging companies, patents often serve as the main “asset” that levels the playing field against larger incumbents.  For those companies, securing a patent or multiple patents can help the company as follows:

• Demonstration that the innovation is unique and not easily copied.

• Assignment of tangible value to intellectual property before revenue arrives.

• Establishment of licensing deals, joint ventures, or acquisitions.

The disclosure required in a patent application also adds to the shared technical knowledge within the competitive marketplace. Other innovators can learn from ‘prior art’ and build next generation products once the patent expires.