A Chance To Clarify Medical Device Patent Indefiniteness

Law360 (August 5, 2019, 4:07 PM EDT) -- Claims in medical device patents can be less precise than in pharmaceutical or biotech patents because the latter are tied to a chemical structure, nucleotide and/or amino acid sequence. Medical devices, however, use mechanical means and energy forms not defined by the rigors of biochemistry, and therefore patent strategy and claims for devices can leave more to the imagination and creativity of the patent prosecutor.

Another aspect of uncertainty is that medical device patents in a given category use similar terms, so patent lawyers must try to use novel ways to describe improvements. For example, an “electrode” is an old concept...

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