Marketing Medical Device Patents in the US
Hi, Rabbi, Dr. Yosef Freedland, Surgeon and Patent Attorney on Medical Devices here.
Appelfeld Zer Fisher is a patent firm that provides patent drafting, filing and prosecution of patent application. Additionally, Appelfeld Zer Fisher provides a unique service of providing good business advice on how to find investors and/or strategic partners for your unique inventions. As a part of this additional service, which happens to be highly important to all of our clients, I dedicate these next few posts.
Many fledgling medical device firms or inventors are posed with the question as to where it is best to introduce technology. For example, firms or inventors have the option to begin production and advertising in the United States. Alternatively, there are many other countries where such devices can be introduced.
Of course there are many factors that affect these decisions, but I would like to bring to your attention one very important issue in this blog with respect to product introduction.
The United States physicians and surgeons are exceptionally keen on writing articles about medical devices. Such an article may be an analysis of the efficacy of the product, which draws on a survey of several hundred uses of the product including clinical trials of several hundred patients.
Such a survey is of course fair and competent and can do your medical device a great service. This is particularly true if your medical device is a unique solution to a well known problem.
On the other hand it is often the case in the US that a reviewing physician or surgeon will publish an article regarding one surgical or medical experience in which the reviewer found a flaw in your device. The article may enhance the reputation of the surgeon for finding “flaws” in your invention. But the article will spell the doom or your technology – no matter how “off base” the author is.
In other words, the US market is exceptionally sensitive to “untoward”, even completely unanticipated results that result from misuse of your devise. It can be highly problematic to introduce an award-winning device in the US, only to have your success destroyed by a “renegade” article by a lone, perhaps incompetent, surgeon who failed to follow the guidelines of the instructions you included with your device.
OK, so this is Rabbi, Dr. Yosef Freedland, Surgeon and Patent Attorney signing off with the advice that a great way to lose weight is to eat while you are naked and in front of a mirror. Restaurants will almost always throw you out before you can eat too much.