Major investment is required to research, develop, manufacture and sell medical devices, and strong patent protection can play a crucial role in maximising return on investment. Often, a long time will elapse between initially filing a patent application and finally obtaining regulatory approval to sell a product. In the intervening time, the product may change substantially from how it was envisaged when the patent application was filed. By obtaining broad patent claims, a patentee can maximise their coverage of product variations.
In Australia, patents can be used to protect against infringement by a wide variety of potential infringers, including hospitals, suppliers, manufacturers, and professional service providers. Unlike Europe, the Australian Patent Office allows patents to be granted for methods of medical treatment or surgery. A strong patenting strategy needs to take into account all of the potential infringers, and differences in law between different countries.
We are experienced in drafting and prosecuting patent applications to protect against infringement in commercial situations for which protection may not be available in other countries. We also commonly tailor patent prosecution strategies for our local law to provide clients with broader protection in Australia than in other major economies.
Our clients include leading multinational and Australian device manufacturers, specialising in, for example, bionic devices, endoscopic and surgical equipment and biopsy devices.
Our technical areas of expertise include:
FPA Patent Attorneys - our expertise in action
We act for a large overseas client with a large patent portfolio with family members 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 or stronger claims than in the US or Europe, and drafted surgical method claims suited to Australian practice. FPA Patent Attorneys 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. Our client’s large team have access to our regular webinars and publications.
