Major investment is required to research, develop, manufacture and sell medical devices and systems, and strong patent protection can play a crucial role in maximising return on investment. A significant period can elapse between initial filing of a patent application and obtaining regulatory approval to sell a product. In the intervening time, the product (and its features and functions) may evolve substantially from the way it was conceived when the patent application was filed. By obtaining suitably broad patent claims and keeping open a variety of different options, a patentee can maximise their coverage of product variations.
Medical technology involves deep knowledge and understanding across a wide variety of technical fields, including physiology, chemistry, biomedical physics, software and engineering (both mechanical and electrical/electronic), and a multi-disciplinary approach is therefore needed to obtain the best protection possible. Our patent team has the skills and experience to assist our clients across the full spectrum of medical technology.
Our technical range of expertise includes:
- Auditory prostheses and audiology
- Dental technology and appliances
- Diagnostics and diagnostic aids
- Drug delivery devices
- Endoscopic, obstetric and biopsy devices
- Hospital resource management tools and software
- Human-device interfaces and biocompatibility
- Medical imaging and image processing
- Machine learning systems
- Mechanical and electronic implantable devices
- Medical devices and medical consumables
- Procedures for and use of medical devices
- Signal processing
- Surgical instruments and methods (including robotic surgery)
Our expertise in action
We act for a large overseas client with a large patent portfolio with related patents in many countries. We manage their Australian prosecution in an efficient manner, providing recommendations for Australian practice, taking into account file histories of the counterpart US and European cases. Where opportunities have presented, we have obtained broader and/or stronger claims than in the US or Europe, and drafted surgical method claims suited to Australian practice. FPA has a dedicated client team to ensure we consistently meet our client’s needs, with visits to the company’s head office occurring on a regular basis. Further, we keep our client’s large team apprised of all relevant developments by providing access to our regular webinars and publications.