PATENTING MEDICAL DEVICES

PROTECTING LIFE-SAVING INVENTIONS

Ann Yang, PhD

Thornton Career Day

March 20, 2025

ROADMAP

Introduction – Why does it matter?

What is a patent?

How do you get a patent?

A Typical Day

What skills do you need?

WANTED: Young Inventors!

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IMAGINE…YOU HAVE AN IDEA THAT WILL��CHANGE THE WORLD

• 3-D printable organs
• Autonomous CPR machine
• Cure for cancer

YOU’VE PUT A TON OF WORK AND $$$ TO:

• Build your idea
• Test it, fix it, and work out the details
• Submit reports the FDA (a department in the government that makes sure medical treatments are safe) to convince them that your new device is safe for humans
• Find a factory to make your device
• Convince doctors to use your device to help their patients

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FINALLY, DOCTORS HAVE BOUGHT YOUR DEVICE AND IT’S WORKING GREAT!

BUT

Another company copies your device and starts to sell it to doctors.

Doctors start to buy from them and not you.

You can’t earn enough money to pay for the factory.

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Is there any way to keep this from happening?

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PATENTS TO THE RESCUE!��WHAT IS A PATENT?

A patent is a type of intellectual property that allows the inventor to EXCLUDE others from making, using, or selling their invention.

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A PATENT IS LIKE A FENCE AROUND A HOUSE

It lets people know what is your property and what isn’t

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Only the inventor has control of who can use their invention

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If someone uses your invention without your permission, you can ask them to pay you (license) or take them to court in a lawsuit (litigation).

The judge can force them to stop using your invention (injunction).

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HOW DO YOU GET A PATENT FOR YOUR IDEA?

1. Write an invention report to describe your idea
2. Ask a patent lawyer or a patent agent to write a patent application based on your invention report
3. The patent lawyer or patent agent will submit it to the USPTO (US Patent and Trademark Office) and explain to them that your invention is new and not obvious
4. If the USPTO is convinced that your invention is new and not obvious, they will approve your patent application and it becomes a granted patent

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MEDICAL DEVICE COMPANIES NEED LOTS OF PATENTS

This is a job for

PATENT AGENTS

AND

PATENT ATTORNEYS

A TYPICAL DAY AS A PATENT PROSECUTOR

(That’s me! A patent agent)

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MY COMPANY:�REFLEXION MEDICAL

We make machines that detect cancer tumors and fire beams of high-energy radiation to kill them.

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Our vision is to reveal cancer as never before and beat it for everyone, everywhere.

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MY SCHEDULE

• Check for email from patent offices around the world, including Canada, Europe, China, Japan, India, and Australia
• Read about why the patent office does not think an idea is inventive and write arguments to convince them that the idea is new and non-obvious
• Meet with inventors to learn about their ideas
• Write patent applications for new inventions
• Talk to Marketing Team, Regulatory Affairs, Clinical & Medical Affairs, Product Team to understand what technologies are important to them
• Read about patent lawsuits and how courts interpret patent laws

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WHAT DID I HAVE TO DO TO GET THIS JOB?

K-12 SCHOOL CLASSES

Science – Physics, Chemistry, Biology

Math – Algebra, Geometry, Calculus

Writing – Essays, Reports

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BEYOND

Engineering – Electrical, Computer

Math – Multi-variable calculus, Statistics

Anatomy and Physiology

PhD in Bioengineering

6-Hour test on U.S. patent laws

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Optional: Law school

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Growth Mindset

WANTED: YOUNG INVENTORS!

• For most types of property, you need to be an adult to own it
• If you are an inventor on a patent, you own that patent, even if you are a child!
• Great way to see what it’s like to be a patent prosecutor without being an adult!

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Matthew Sleman (Age 5)

MORE YOUNG INVENTORS

Information about these inventors

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QUESTIONS?