How to protect the intellectual property rights of medical device enterprises?

Medical devices refer to instruments, equipment, appliances, in vitro diagnostic reagents and calibrations, data and other similar or related items that may be directly used in the human body, including the required computer software. The efficacy is mainly obtained by physical means, not by pharmacology, immunology or metabolism. Although these methods are involved, they only play an auxiliary role. The purpose is to diagnose, prevent, monitor and cure the disease; to diagnose, monitor, cure and alleviate the injury; to compensate for the function; to test, replace and regulate the physiological process; to support the life; to control the pregnancy; to provide the information for the purpose of medical treatment and diagnosis.

Pay attention to trademark registration and choose proper trademark classification

As a sign with obvious characteristics to distinguish goods or service sources, trademark plays an important role in improving brand recognition and brand premium. In particular, medical devices indirectly serve the health of human beings, so the quality assurance standard requirements are higher, so before the medical devices are put into the market, trademark registration must be stopped.

In China, the principle of "request first" is implemented in trademark registration. In a simple way, it is a first come, first served, opposite or similar trademark request. If a trademark registration request is made first, the trademark public right will be given priority. If a medical device enterprise uses a certain trademark but fails to register it in time in the process of operation, once the trademark is registered by others, the enterprise will fall into the active position. If it wants to redeem the trademark with a small amount of money, or it can only voluntarily change its name, then the operation and implementation of this brand in the later stage will cost more than half. No matter what kind of situation, the enterprise will pay a huge price. Therefore, Sinosoft group suggests that timely request for trademark is a fundamental but important event in the operation of medical device enterprises.

When a trademark is requested to be registered, it is necessary to select the appropriate classification for the trademark. According to the "trademark law" of China, when registering a trademark, it is necessary to choose the category of the industry to stop registration according to the category of goods or services. As for medical device enterprises, the first central category to be registered is category 10, which refers in detail to medical, medical, dental and veterinary instruments and instruments, artificial limbs, artificial eyes and teeth; plastic products; and suture materials. Mainly including medical instruments, instruments and supplies. If the medical device enterprises themselves are also indirectly involved in medical outcomes, then category 44 is also a key category requiring registration.

In addition, medical device enterprises should consider more relevant categories or expand categories according to their own operation direction and scheme. If it involves the business of signal appliances, audio equipment and photographic equipment, it needs to register category 9 at the same time; if it touches the business of lighting appliances and disinfection equipment, it needs to register category 11 at the same time; if it touches on advertising and marketing services for others, it needs to register category 35 at the same time.

In a word, as for the medical device enterprises, which types of trademarks to register in detail should be determined according to the enterprise's own operation project and future operation plan. Some medical device enterprises will choose full category registration, including stopping the offensive registration of surrounding trademarks at the same time. If the enterprise itself is not sure about the type of trademark registration, it can consult the professional intellectual property service organizations, and professionals can help analyze and determine the detailed trademark registration strategy.

Pay attention to technological innovation and enhance the requirements of patent maintenance.

Under such strict classification management, many medical device enterprises will think that since they have gone through the order of registration, filing and consent, they have stopped "certification" of the function and innovation content of the products, so they do not need to apply for patents. In practice, this is a great distortion of the patent claim.

With the development of superstitious technology and the new requirements for commodities in medical theory, many new medical equipment products come out every year. Among them, quite a large part of them have stopped innovation, modification and design in a certain direction, and a small amount of technical improvement has been condensed. Medical device enterprises can stop maintenance of this technical improvement through patent application, and then complete technology transfer and technology realization through patent authorization.

According to the rules of Patent Law of China, patents are divided into three types: creation, applicable new type and appearance design. Medical device enterprises can stop patent layout according to the detailed situation. Creation refers to the new technical scheme proposed for the commodity, method or its improvement; applicable new type refers to the new technical scheme proposed for the shape, structure or combination of the commodity; appearance design refers to the new design with aesthetic feeling and suitable for industrial use for the shape, pattern or combination of the commodity and the color, shape and pattern. As for medical device enterprises, they can apply for patent creation for brand-new inspection methods and other serious innovations; they can apply for new patents for common innovations and improvements; even if medical devices have made a joint design on the surface, they can also ask for appearance patents.

Medical devices and drugs are two important means of medical treatment. The sales ratio of the two in prosperous countries is relatively close, while the sales volume of medical devices in China is about one third of that of drugs. It can be seen that China's medical device market has great potential. China fine soft group said that China's medical device market is active, the guidance of national policy and the structure of medical and health vitality