Medical Devices

At Thrive IP®, we represent universities, research consortiums and medical doctors in connection with the development of medical devices.  Such medical devices include surgical tools, orthotics, diagnostic aids, drug delivery devices, scanning tools and rehabilitation equipment.  Medical Technology is an interdisciplinary field encompassing various technologies.  Our attorneys offer different technical backgrounds to meet your specific needs.

Medical devices and related procedures, like all inventions, must be new, useful and not obvious under U.S. patent law to be patentable.  However, the other side of the patent coin is the product itself.  Before leaping into a U.S. Design or Utility patent application, if you intend to commercialize the medical device described and claimed in your related patent (or sell or license the patent), consideration first should be given to clearing the commercial field.  In other words, what is the commercial viability of the medical device?  Are you free to produce, market and sell the medical device and related patent, or does a competitor have a similar product that might keep you (or an intended licensee) off the playing field, either because the competitor “owns” the market or because there is a closely related patent that might be used to block yours?  Strangely enough, it is possible to obtain a patent but be prevented from producing a product due to a similar, preexisting patent.  Our patent attorneys can help you see the big picture as well as details like “blocking” patents before you begin the patent process. 

Consideration should also be given to international patent protection, inventor-assignment, and potential licensing issues at home and abroad.  These issues can be considered before filing a U.S. patent application.  For instance, if the potential market includes not only the United States, but Europe, China, South America, Japan, et cetera, an international patent application may be the first, best step. 

Our medical device clients are served by a team of patent attorneys who have cross-discipline, technical expertise in life sciences, mechanical engineering and electronics including optics, implants, dental devices, imaging technologies, scatter radiation reduction technologies, and the like.  Specific medical devices and procedures for which we have prosecuted patents in the U.S. and worldwide include but are not limited to: 

  • Catheters & Probes
  • Dental Instruments
  • Diagnostic Devices and Systems
  • Diabetic Paraphernalia
  • Imaging Systems
  • Medical Software Systems
  • Prosthetics & Orthotics
  • Robotics
  • Stents & Implants
  • Surgical Equipment
  • Urology monitors
  • Wound Care & Extremity Platforms