Saturday, June 19, 2010

Smart Ways to Address the Patent Analysis Needs of the Medical Devices Industry

By Subramanian Manikandan
(Legal/Patents)
The medical devices patent wars are raging and competing against those of the pharmaceutical industry. The situation for the medical devices patenting fraternity gets worse with the distinguished importance gathering towards the design patents. The recent decision by the U.S. Court of Appeals for the Federal Circuit makes the design patents even more valuable than the process patents.

That is to say, the complexity associated with the medical devices patent community in order to maintain the competitive edge for their respective companies is manifold. However, it is certainly a no brainer to visualize this scenario if perceived from the barriers to competition (regulatory approval, reimbursement - Govt or Insurance; large R&D expense) and the patent heavy nature (maintenance of monopoly; lifecycle management; litigation requirement) of the industry per se.

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