Atlanta, GA asked in Intellectual Property for Georgia

Q: What sort of IP is need for a project that involves a combination medical device with drug delivery?

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1 Lawyer Answer

A: In the near term, a provisional or utility patent application might be worth considering, keeping in mind that the U.S. is now a "first inventor to file" system (time is not on the inventor's side like it once was). Whether the device, the drug, or a combination of the device and drug is patentable should be discussed with a patent attorney. If it's not patentable, perhaps some of its "secret sauce" can be protected as a trade secret. If there are marketing materials or user manuals, those might be subject to copyright protections.

In the longer term, a trademark for the commercial product might be considered if the inventor also intends on making and selling or licensing the patent pending device.

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