Protecting Medical Method Patents Via Indirect Infringement
By Joey Moussa and Doug Portnow (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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!