Can you get a patent for medical procedures?

Question

If I have an idea for a "new" medical/surgical procedure, is it possible for me to "protect it" and gain some monetary benefit form working with some doctor to develop it as a viable treatment/procedure? How would I document that type of an idea so that it could be "registered" properly to give us the credit for developing it? How would I best enter into some sort of an agreement with some doctor(s) to develop such a procedure and can it be covered in the same way one patents a product?

Answer 1

You really need to discuss your situation with a patent attorney.

The short answer is that, yes, you can obtain a utility patent on a new method for a new surgical procedure.

Keep in mind that if you disclose your idea to others indiscriminately, you will have a 12 month window to file for a patent in the U.S. Wait longer than 12 months, and you are barred by statute from ever obtaining a patent, because it is now considered to be public knowledge (There is an exception for disclosure to a limited number of people for research purposes, but if other doctors help you develop your idea, they will be considered to be co-inventors by the Patent Office). You will have to talk to an attorney about personal agreements (contracts).

Since I work at the Patent Office, I have little contact with inventors before they actually file for a patent, so I cannot tell you the best way to document your research -- other than you should keep a good journal (with DATES listed for everything). Make sure that you record the date that you first conceived of the idea. Also make sure that you keep good notes as to your progress toward refining and developing your idea, and all of your attempts to turn it into a practical working procedure (called "reduction to practice").

I do not work in the biotech area, but I understand that for most medical procedures, the patent examiner will require clinical data to prove that your idea performs its intended use when applied to humans. It should similar to the data that you would collect to submit to the FDA for approval, so it shouldn’t require any extra work, other than the required documentation.

Good luck!

Answer 2

To protect an original invention OR a significant improvement to an existing product, a patent would be filed. Here's the USPTO's definition: http://www.uspto.gov/web/offices/pac/doc/general/index.html#patent

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

You may recall the Heimlich Maneuver was going to be patented.

Anyway Clinton did away with medical procedure patents.

You may still be able to get a patent but the law in 1996 says any physician can do any procedure without patent infringement.

However if you can create a device that will assist in the procedure that makes it superior to other procedures you can patent that.

The best to hope for is getting the procedure named after you.

BTW, medical procedures are not approved by the FDA.

Answer 4

From general patent information I had read (concerning 'protecting your new idea') it doesn't matter whether you had a patent or just pending, you could secure the 'ownership' of an idea & the thief of, by one simple method. You could merely send a drawing and/or description of the idea, even only hand-drawn, by certified mail or anyway that establishes a timeline. Even if sent to yourself, it legally puts you as the idea 'originator', although it probably would simplify matters if mailed to a lawyer. And it doesn't have to be a prob.more expensive 'patent' lawyer as what you're really only doing is establishing 'who first had the idea'. And I would assume, is my understanding was correct, that you might be able to have criminal charges brought against those attempting the thief and if found in your favor a then possible civil lawsuit case. Wow, just got an idea!
Anyway, best to think...who is this guy telling me this. So try a search at patent.gov site under FAQ's.G-luck

Answer 5

you should bypass it your self. USPTO has savings for human beings, small-timers, etc. you should document each and every thing to do along with your idea, then have it notarized, mail it to your self and lock it up. unhappy to assert, yet huge corps and small corps are WOLVES! they are going to take your idea, inform you its valueless, then scouse borrow it. previously you get too excited, you should seek for USPTO to make certain the concept is unique. if you're contained in the medical marketplace, be careful who you tell some thing. If it would not seem contained in the patent database (filed or granted), you could likely patent it. Its getting the position you may want to patent respiratory as a frame of mind to existence-sustenance.

Answer 6

If Babinsky discovered the foot and toes reflex this year, do you think he would be compensated every time someone would use the test? If there is a specific new device to perform your procedure, you could grta patent on the device. Say you came up with a tiny vacuum cleaner for toe nails for instance, wouldn't the operating instructions be sold along with the device? Please don't take my examples as sarcasm, I have no clue as to what you are referring to.

Answer 7

You can get a patent for anything if you have the time and money.

Answer 8

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