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....

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