Recent happenings within the Federal Circuit and the USPTO are likely to influence the swiftly evolving patent strategy around medical technology. Notably, in a case involving catheter insertion technology, the Federal Circuit invalidated a patent. Meanwhile, the Patent Trial and Appeal Board (PTAB) evaluated the eligibility of subject matter relating to medical technology inventions in a pair of decisions, which came less than a year apart.
In the initial decision, the PTAB supported the validity of claims concerning the location of medical devices. By contrast, in the subsequent decision, the Board validated a final dismissal of claims linked to the stratification of heart failure. These decisions will be instrumental in shaping future patents in the medical technology sector.
Furthermore, the Federal Circuit’s latest decision emphasizes the importance of expediency in filing patent applications for medical technology companies. Complications arising from preparations for the marketing and sale of a new invention, such as regulatory compliance, serve as a primary motivation for this advice. Particularly in the medical technology field, understanding potential patent validity pitfalls associated with, say, an early 510(k) summary filed with the FDA or a referenced predicate device is crucial.
The Federal Circuit’s input extends this urgency to include sales and marketing activities in other domains, stressing that these can impair patent rights on medical technology, another aspect that companies should diligently consider in their patent-related strategies.