Paper

Journal of Medical Marketing (2003) 3, 204–211; doi:10.1057/palgrave.jmm.5040121

Common mistakes that undermine patent protection and how to avoid them

Mike Hutchins

Chartered Patent Attorney and European Patent Attorney, M.R. Hutchins & Co., 33 Connaught Way, Tunbridge Wells, Kent, TN4 9QP, UK, Tel: +44 (0)1892 539659, Fax: +44 (0)1892 618322, Email: mail@mrhutchins.fsnet.co.uk

Revised 14 March 2003.

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Abstract

In an industry where research and development can take years and the financial investment in a new product runs into hundreds of millions of dollars, it is unsurprising that medical companies seek every opportunity to protect that investment and the importance of patents is evident. Unfortunately, and all too easily, many companies inadvertently undermine their own patents in a variety of ways, many of which could be avoided with some forethought and better knowledge of the patent process. This paper seeks to outline some of the background information that is important to medical companies who rely on patents, to highlight some of the common pitfalls and offer advice on how these mistakes can be avoided.

Keywords:

patent protection, searches, legal, invention, patentability, controlling information, confidentiality

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