Make your medical product ideas come to life: Are you infringing?

Certainly, issues of patent infringement should be determined by your patent counsel. However, if you are conducting your own prior art search, as I have suggested you do, do you ask your attorney about each patent you turn up? My recommendation is that you, as the inventor, should try to determine which patents you should run by your attorney and which could be filed away for later use as a cited reference in your own patent application. The following, then, is a guideline for assessing infringement.

Below, for our example, is a claim from an existing patent. Notice carefully how the claim contains a main subject or topic—a data acquisition system for use in sporting events—with multiple related sub-topics, e.g., the data acquisition system for use in sporting events with at least one inertial sensor. Let’s call each topic an element. Looking through this claim we can see that multiple elements are described:

  1. A data acquisition system for use in sporting events which incorporates
  1. at least one inertial sensor measuring angular acceleration in at least one dimension
  2. at least one accelerometer to derive acceleration and velocity data in 3 dimensions
  3. a microcontroller with a clock to measure the angular acceleration and accelerometer data
  4. a power supply
  5. optional communication means for transmission of angular acceleration and accelerometer data from the microcontroller to a computer device
  6. said computer device and/or said micro controller being programmed to use the angular acceleration and accelerometer data to provide accurate output of parameters such as velocity, acceleration, changes of direction and distance traveled.


Log in or register for free to continue reading
Register Now For Free Already Registered? Log In
This entry was posted in Blog, Practice Management and tagged . Volume: .

Post a Comment

You must be logged in to post a comment.