Medical Device Patents
Patent strategies that protect your technology from development through approval and commercialization.
Why patents matter so much for medical devices
Medical devices take a long time to develop, and clinical trials and regulatory approval are costly. Yet once a product is launched, its structure and operation are easy to see, and followers can copy it easily. To protect a hard-won technology and have its value recognized in fundraising or technology transfer, it is important to design your patents together with the product from the early stages of development.
What can be protected
| Subject | Examples |
|---|---|
| Structure & mechanism | Treatment device body, probe, cartridge structure |
| Operation & control | Output control, sensor signal processing, safety control logic |
| Software | Programs that control the device or analyze measurements |
| Consumables & parts | Replaceable tips, filters, dedicated containers |
| Manufacturing methods | Material processing, assembly, sterilization processes |
| Design | The product’s appearance (protected by design rights) |
Claim design makes the difference
Methods of treating or diagnosing humans are generally not patentable in Korea. So even for the same technology, the claims must be drafted in patentable forms, such as the device, the system, the method of operating the device, or software. It is also important to time your patent filings so that they come before any disclosure during the regulatory approval process.
Our process
- 01Prior art searchWe check similar technologies and competitors' patents
- 02Claim designWe draft separate claims for the device, system, operating method and software
- 03Filing in Korea & abroadWe prepare PCT and other foreign filings with your export markets in mind
- 04Approval & commercializationWe secure rights in step with approval, investment and certification schedules
- 05Dispute responseWe handle infringement responses, invalidation trials and other disputes
INCUBE has patent attorneys specializing in medical devices and biotechnology who propose patent strategies tailored to your company, from development through commercialization. If disputes are a concern, see our work on Medical Device Patent Litigation.
If you are developing medical device technology, build your patent strategy with INCUBE Patent & Law Firm.
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