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Protecting Your Medical Inventions, Designs and Processes By Christopher M. Huryn and Heather M. Barnes A Good Idea — But Then What? It is not uncommon for a physician to invent a new device or think of a new way to improve an existing medical instrument, process or procedure. However, a physician should take care to protect his or her new idea if it is discussed with a third party. For example, you may want to meet with a medical device company to discuss your new idea, invention, design, or method, and see if the company would be interested in purchasing your idea or funding addi- tional research. A well-vetted intellectual property strategy can help ensure that the company does not instead take your idea and develop it on its own. Patents, Trademarks, And Copyrights — What To Do? Proper protection of your new medical device, process or procedure can invoke all areas of intellectual property law. First, the physician-entrepreneur needs to pri- oritize how to expend his or her financial resources in order to protect the invention. Patents protect the actual device, as well as the processes of how to make the device and how to use the device. It is wise to have a patent attorney conduct a patent search with the U.S. Patent and Trademark Office to determine what has already been invented in the field. While the patent process is a long process and can take over three years from filing to issuance (at least) of the patent, it provides the greatest scope of protection for the new device. Trademarks protect the brand of the new medical device. Trademarks regis- tered with the U.S. Patent and Trademark Office are granted nationwide protection, which enables easy market penetration under the inventor's brand name of choice. Copyright should also be considered. A copyright protects expressive aspects of the device, which would include product packaging, instructions on use, diagrams, images, and perhaps most importantly, websites. Finally, if a company is interested in marketing your invention, a license agreement is needed to confirm your consent to the company's use of the Christopher M. Huryn Heather M. Barnes idea. The license agree- ment also sets forth all other parameters of the relationship ranging from what the company can do, how much you will be paid, and other obligations each party agrees to perform. Do I Need a Confidentiality Agreement? Before sharing the idea with anyone, it is crucial to have a properly drafted confidentiality agreement, which is another tool to use to protect your inven- tion. With a confidentiality agreement, the company to whom you are about to disclose your idea, invention or process acknowledges such is and remains your exclusive property. The agreement can require that the company keep this informa- tion confidential for a specified period of years and not disclose it to an unauthorized person or entity. Further, the agreement will confirm that the company does not have any direct or indirect interest or right in the disclosed information, nor does your disclosure to the company constitute any promise or commitment on your behalf to enter into any business relationship with the company. Finally, patent rights may be jeopardized in foreign countries if a confidentiality agreement is not in place at the time of disclosure. Going Forward An idea, invention, design or other intellectual property is an asset that war- rants protection from use or disclosure of it by unauthorized parties. Patents, trademarks, copyrights, confidentiality agreements and license agreements offer protections to ensure that your intellectual property remains yours both in ownership and control. Christopher M. Huryn is a partner at Brouse McDowell in Akron and practices in the firm's Health Care Group. Heather M. Barnes is a partner at Brouse McDowell in Akron and practices in the firm's Intellectual Property Group. ■ 30 | Cleveland-Akron-Canton MD NEWS ■ MDNEWS.COM ■ SEPTEMBER-OCTOBER 2012