Medical Devices

IP protection – a vital foundation for the development of medical devices

For medical device innovators, the need to properly protect intellectual property is becoming increasingly urgent as the industry experiences a proliferation of innovation and a shifting global demographic driving demand. IP protection has been essential for advances in medical devices, due to the high R&D costs and the risk of counterfeiting and copying by competitors.

To safeguard a medical device’s potential for societal and economic benefits, it is vital for innovators to identify and protect IP assets such as R&D, trade secrets, designs, trial systems, manufacturing processes, and consumer goodwill and recognition. These make up a large part of a company’s value and must be protected from potential threats that exist in this highly competitive arena.

As a new device moves from an idea through the development process to market and commercialization, it is important to align the process with business and IP strategy from the earliest stages. Continuous review through the medical device development lifecycle will protect innovators and inventors from infringing on the large number of existing patents and registered design rights, and ensure that the strongest protection is in place for their own innovative medical devices.

Canadian strength & innovation

With a focus on innovation and new technologies in the field of medical devices, Canada’s current strengths and future potential for growth in the medical technology industry should not be underestimated.

Canadian universities, research institutions, and hospitals are conducting world-class research, and with a stable economy, the support of government, and one of the strongest regulatory systems in the world, Canada is a key investment opportunity for world technology leaders.

Canada’s medical devices industry is highly diversified, and imports and exports are on the rise. Canadian export is concentrated in such areas as diagnostic imaging, patient aids, orthopedic and prosthetic products, dental products, consumables, and equipment including, wheelchairs, ophthalmic instruments, anaesthesia, endoscopy, and dialysis apparatus, and blood pressure monitors.

Smart & Biggar is actively involved in the evolution of Canadian intellectual property policy and legislation and plays an active and engaged role in developing and promoting industry and innovation for leading organizations in Canada.

Smart & Biggar technical expertise

The complex technology, fierce competition, and interdisciplinary nature of the medical device industry make having highly specialized strategy and protection essential. With technical backgrounds in sectors such as pharmacology, chemistry, biochemistry, biotechnology, biophysics, molecular biology, and genetics, our lawyers deliver focused and relevant IP strategies that integrate technical depth and the current industry trends and regulations both in Canada and internationally to keep our clients on the cutting edge of medical innovation.

Smart & Biggar legal expertise

In the fast-paced medical device market, company success is built on the strength of intellectual property that is meticulously and strategically handled. We prepare, draft, and prosecute patents, and provide strategic counselling on patent validity, patent infringement, and patentability.

We have expertise in all manner of IP transactions, including licensing and asset purchase agreements, manufacturing and supply agreements, research collaboration agreements, sale and distribution agreements, related due diligence, and regulatory matters. Our powerful combination of legal expertise and advanced technical training in relevant subspecialties enable us to offer outstanding services for the protection of medical devices and innovation.

Medical devices are a global necessity

The medical device sector has far-reaching implications for the health and well-being of populations in countries around the world. The economic growth of the fiercely competitive field of medical devices is accelerating in the global marketplace and is expected to continue.

Without adequate IP protection and laws, the misuse, unlawful reproduction and counterfeiting of medical devices is a significant issue for global companies. Regulatory controls and strong international intellectual property laws are necessary to control the unlawful reproduction, importation, and use of counterfeited medical devices. IP protection differs in jurisdictions around the globe and with a vast network of foreign associates, our lawyers give targeted advice on how best to navigate international IP rights and the global economy.

Our depth of experience is unmatched

With our depth of IP and industry-related experience, our clients have a focused team behind them to develop and implement IP management and strategy to strengthen and protect their business objectives and corporate strategy.

Our services include:

• Drafting and prosecuting patents
• Patentability, validity and infringement opinion
• Patent searching and whitespace analysis
• Patent monitoring
• Trademark searches and filing
• Copyright and industrial design registration
• IP audits and due diligence
• Technology transfer
• Licence agreements
• Patent infringement litigation
• Regulatory issues
• Strategic advice on intellectual property portfolios