Patent litigation can be forecast in the medical device industry? Recent
Studies show that some features of the patent applications
A high chance that something will end up in the patent to correlate with
Court. Innovation is at the heart of the medical device industry. As with
Many industries, if you're not working constantly to bring new products
And technology to the market, there is a good chance that
Survive. Companies that are successful, and he continues to live,
Invested millions of dollars each year in research and development to
Create new or improved products. Companies that are successful, and that
Continues to live, invest millions of dollars in research and
Each year to develop new or improved products. Not only are
Companies investing in the development of new technologies, they are
Also invest in the protection of their innovations through patents
System. In fact, for fiscal 2006 in the United States Patent and
Trademark Office (USPTO) patent records reported more than 440,000
Applications filed, more than double the number of applications filed ten
Years ago.
Of course, being patent applications filed with the record number, and
Large number of patents issued each year, it would be logical
Hopefully will increase the number of patent lawsuits.
Recently more and more as patent statistics to substantiate this argument
Owners are turning to the courts to help protect your valuable
Intellectual property assets. For example, from 1995 to 2005, the number
From patent lawsuits filed in United States
Over 2700 to around 1700, just a 58% increase in 10 years.
However, the possibility of a lawsuit based on a likely remain low.
While the number of patent suits filed has increased significantly over
In the past ten years, it is interesting to note that recent studies
It is estimated that on average only roughly 1% of U.S. patents have
litigated. However, these studies also note a variety of characteristics
To predict that whether a patent is likely to be litigated. These
(1) describes the number of claims: Features
Invention, (2) and the number of citations of prior art, and (3)
Technical field "crowdedness". Each feature
Described below, including how the medical specialties,
Equipment industry.
Number of claims
With at least one claim of a patent must include a description of
Particular applicant regards as his invention. Claims
A patent is often analogized to a deed to the property details
Real estate, and the extent defined the boundaries of the property. Since
Claims set the boundaries of the invention, the applicant is a
The broad claims of the invention defined through a number of incentives.
However, in some technical areas where there is an enormous amount of
Prior art, the applicant may have to define the invention through a
Avoid invalidating prior art to narrow the number of claims.
Appearing in a number of claims for patent how does correlate
Chances are that patents will be litigated someday? Empirical studies
Have found that a large number of patent claims litigated in the
Opposed to non-litigated patents. In fact, a study determined that
litigated patent claims an average of 20 compared to only 13,
Non-litigated patent claims. Researchers cite a couple of reasons
That help explain their findings: the perceived value of patents and
Crowdedness of the field of technology is protected by patents.
Patent claims are easily the most important part of the patent.
So, it came as no surprise that the claim must be expensive
Drafting and prosecution. Paying more money for a large number of claims
Become more valuable. However, some researchers conclude that the
litigated patents than non-litigated patents have claimed that
Patentee that the patent will be valuable to know, usually anticipated
Litigation as a result of drafting patent claims over Stand Help
Up in litigation.
Protected by patents in technology may explain why
With a large number of claims for patent and is likely to be litigated. In
More likely to be a crowded field of competitors out there who will be technological
Are able to develop similar products. Therefore, it seems to make sense
Congestion in these areas having a large number of patent claims are more
Likely to conflict with the competitors.
In order to get a general idea of the number of claims are related to
Medical device industry, most recently issued patent for 50
Accessories were analyzed. According to the results show an average of 17 claims
Patents. It falls somewhere between the claims numbers
for litigated and non litigated patents cited above. It would seem more
Likely, empirical studies suggest that these patents will
Is a high chance of being litigated. In addition to being a high chance of
To be litigated, these results may indicate that the crowd Medical
Prices and fears of their patent litigation with industry,
The end result of a large number of claims being patented.
The first art award
U.S. patent law, the inventor and every other person who
Independent and involved in the prosecution of a preparation
All materials are to be applied is the duty to disclose information
To patent the invention. The duty patent
Applicants typically file what's known as a disclosure of information
Statement, commonly referred to as an ID. IDS, applicant
U.S. Patents, foreign patents and non-patent literature lists all of
In addition, a
USPTO patent examiner conducts a search of prior art can be and cite
Applicants who did not previously disclosed in prior art against
IDS.
When a patent is granted, the prior art citations made during the record
Are listed in the patent prosecution before the USPTO. Researchers
The citation information is used to conclude that the number of prior art
Appearing in the patent citations of a patent is a good predictor
Is likely to be litigated. One study found that litigated patents on
Average 14.2 U.S. patents are cited, while non-litigated patents cited only
8.6 U.S. patents. The study also showed that litigated patents are more
As the prior art cited by other patents expected to be released, and the
litigated patents are more, including self-citations to citations
Other patents owned by the same assignee.
How the medical device industry compare to the patents? Then, using
endoscope small sample of the patents described above as a proxy for medical
Equipment industry, the average number of U.S. patents cited
Approximately 37. It is important to study the search is over
14.2 U.S. patents. The results mean that the medical device patents
More likely to be litigated? Not necessarily. The study notes that two
Special categories of prior art citations (citations received and
Self-citations) of litigation are more important predictors. Although
The study does not cite an average for self-citations, it does not find that
litigated patents than the other received an average of 12.2 citations
Patents, compared to 4.1 for non-average get only citations
Patents litigated. Self-citations and the average number of citations
only 1.74 and 0.34 respectively endoscope were received for the patent.
However, the study's authors, the large number of prior art
Citations found in this small sample set, the applicant may indicate
Anticipated the possibility of litigation and to take appropriate steps
Patent as strong as possible. Similarly, a large number of
Prior art citations effort can get around in the crowd
And ultra-competitive medical device field.
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Mika: there is always pressure
11 years ago
