Medical Device Intellectual Property and Patenting

Intellectual property is an essential part of the value we create for our clients. While we do not explicitly offer legal services, our registered patent agent and team of experts are able to maximize that value by incorporating IP insights throughout the design and engineering process. From competitive landscape analysis to supporting your patent application, we ensure that your medical device is properly positioned, designed, and protected.

The comprehensive IP Approach:

  • Patentability assessment: is the IP patentable?
  • Infringement assessment: does the IP infringe on any existing prior art
  • Monetization strategy: are there multiple applications or patents available for the IP
  • Design strategy: what does the design need to stay clear of? What must the design include?
  • Patent application: we can help prepare the work for a patent application to be completed by an attorney

Landscape Assessment

We integrate early in the new product development process to help formulate intellectual property goals. An important first step with design for a new product is determining freedom-to-operate through an infringement assessment. We will search for prior art that exists and would prevent legal monetization of a new but infringing invention. We’ll also conduct an initial audit of the market landscape to identify the right niche for a new device to occupy. 

Patent Feasibility

After an initial infringement, or landscape, assessment, we can determine whether the design can be patented. Is the innovation novel, non-obvious, and useful? We can help answer this question through an initial Patentability Assessment at the fraction of a cost of a patent attorney. Let us combine our design and engineering expertise in the medical device industry with our understanding of patent law.

Design Strategy

Having an in-house patent agent on the engineering team means a seamless integration to aid the design process. We can acutely establish what design aspects need to be incorporated (to achieve novelty and patentability) or, conversely, what features must be avoided (to prevent infringement). With the strategy known, a plan for the design team can ensure the device and product is well positioned for long term success.

It is important to have an IP check throughout the design process, as things can change and the initial scope or direction can stray with design iterations. An integrated team allows for easier and regular checks, decreasing the chance of costly detours or backtracking.


Monetization Strategy

By taking a holistic approach with the design, we can assess for multiple patent and market opportunities. Does the design have various applications that may lead to future product development or license opportunities? Maximizing potential for monetization is what Kapstone’s IP team can strategize.

Patent Applications

While we are not a law firm, our on-staff patent agent can help to devise the strategy for applying for patents and help prepare a patent application. It’s best to engage a patent attorney to execute the provisional and final application, and we can provide a recommendation or work with your attorney.

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