2. Consider a design patent
Medical device companies have traditionally focused on obtaining utility patents, which protect the way a device is used and works, Bhattacharyya said. Design patents protect the way an article looks and are often overlooked.
“But design patents can really help to strengthen your patent portfolio and give you a competitive edge, particularly against similar-looking or knockoff competitor products,” she explained.
In addition to protecting the non-functional, ornamental features of your medical device, a design patent can protect the look of the graphical user interface or the design of replacement parts.
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