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Patent Cooperation Treaty (PCT) provides filing mechanism for global protection of innovative products and services.
Medical devices are protected by patents through same patent eligibility criteria as applicable for other innovations. The medical device industry is growing rapidly, and it is now common to purchase various medical devices directly as a consumer that are meant to ease the burden on healthcare service providers. As an example, consumers are heavily dependent upon body vitals as detected by consumer devices like Apple Watch and FitBit. Beyond general consumer needs, there are specific needs of patients that are addressed by the medical devices. One such example is a medical device capable of detecting ECG or electrocardiogram. AliveCor is a US based medical device company that is a global leader in FDA approved ECG technology. Recently, AliveCor has launched its most clinically validated personal ECG device in India that is known as KardiaMobile 6L.
The medical device patents are filed by companies to protect unauthorized use of their innovative products through patent infringement. Patent attorneys focus on drafting of medical device patents with thorough research to ensure that strong set of patent claims are presented to the patent office. Medical device patents usually disclose patent claims that cover methods and devices related to cardiac ailments like Arrhythmia and Atrial Fibrillation. Cardiovascular disorders are the primary reason for a large number of casualties in the world. In 2008, 30% of all universal casualties were associated with cardiovascular diseases. It is further estimated that by 2030, about 23mn individuals will perish from cardiovascular ailments yearly. These ailments are common in high-income communities and low-income states alike.
Arrhythmia is a cardiac situation where the electrical movement of the heart is unstable, quicker (tachycardia), or stagnant (bradycardia). Although multiple arrhythmias are not life-threatening, few can provoke a cardiac arrest and even immediate death. Atrial fibrillation is the most common cardiac arrhythmia. In Atrial Fibrillation, electrical conduction via the heart ventricles is erratic and messy. While Atrial Fibrillation can have no symptoms, it is frequently linked with pulses, shortness of breath, fainting, chest discomfort, or congestive heart failure. Atrial Fibrillation is similarly linked with atrial clot formation, which is attributed to clot migration and seizure. Atrial fibrillation is generally treated by obtaining an Electrocardiogram (ECG) of a patient, which indicates a specific Atrial Fibrillation waveform. To treat Atrial Fibrillation, a patient can take prescriptions to delay the heart rate or alter the momentum of the heart. Patients can similarly consume anticoagulants to deter atrial clot formation and stroke, and may even endure surgical intervention involving cardiac ablation to deal with atrial fibrillation.
Frequently, a patient with Arrhythmia or Atrial Fibrillation is overseen for prolonged periods to regulate the disease. Recent ambulatory electrocardiography tools like Holter monitors are bulky and tough for patients to supervise without the assistance of a medical expert. These conditions can hinder the actions of the patient like their natural activity, bathing, and showering. After an ECG is developed, the ECG is transmitted to the patient’s doctor who examines it and delivers a diagnosis and other suggestions. This is the general practice followed by patients who have to visit their doctors or hospitals regularly.
With the introduction of ECG devices to the consumers, the market has evolved drastically, and patents are usually granted for such medical device innovations. Generally, such patents disclose various unique features, like Cardiac Performance Monitoring Systems. In some interpretations, they can be referred to as SCG monitoring systems. These systems can incorporate control logic for regulating a mobile device, and for regulating the accelerometer of a mobile device so that it recognizes an SCG signal. A monitoring system can be designed to contain software for a mobile device that has the control logic to regulate the device to utilize its prevailing elements to evaluate, record, transmit, and examine a seismocardiogram.
Medical device companies focus on building a strong patent portfolio by filing multiple patent applications aimed at protecting the innovative products and services. The reason why patent laws were established was to promote creativity and development among the masses. Patent law similarly boosts the confidence among the creator of invention to generate more ideas to make him the only owner of his invention. The patent rights provide the owner of the Patent to prevent unauthorised users from infringing, manufacturing or selling or creating the same invention within the Indian territory. The patent also boosts economic growth in numerous ways as it enables the public the latest technology products and services at affordable prices. The key benefits of obtaining a patent include availing access to rights from the time of filing the application. From the very beginning of filing of the patent application, the investors begin to reap benefits. The investor is assured that no other company or individual or a group of individuals could claim the ideas similar to the one in the filed application. Also, commercialisation of patents have always been into the market ever since the concept of patents became prevalent. Licensing and assigning of the patents being some of the most used commercialisation methods have been used to create money even out of a patent that is of no longer use to the patentee. Therefore, in the long run, patents definitely are seen as an efficient return on investment options.
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