Protecting Medical Method Patents Via Indirect Infringement

Law360 (August 14, 2019, 1:05 PM EDT) -- Medical device patents often include claims directed toward the inventive device, a system that includes the device or a method for manufacturing the device. Medical method claims, i.e., method claims that focus on the procedure being performed by the physician or surgeon, are often ignored or neglected in patents, especially since most patent jurisdictions do not consider medical method claims to be patentable subject matter.

Given the limited jurisdictions where medical methods are patentable subject matter, combined with the fact that, at least in the U.S., federal law precludes suing a doctor for direct infringement of a medical method patent (not...

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