Biotech inventions are often incorporated into medical devices and hence, if appropriate, it is important to include a claim to such a device in the patent application.
Examples of medical devices
Common examples of biotech-based medical devices include devices which test blood or urine for the presence of sugars or hormones (e.g. glucose monitors and pregnancy dip-strips), implantable devices (e.g. taxol-coated stents and synthetic grafts) and injectables (e.g. insulin and adrenalin pens).
In addition to the device, it is often useful to be able to sell a disposable accessory for the device, such as cartridge or dip-strip. (The sale of such accessories also provides an additional revenue stream.) Hence patent claims should be tailored to such accessories also.
For example, a patent application which relates to a new antibody against a peanut allergen might include all of the following claims:
- An antibody against the peanut allergen, wherein the CDR sequences…
- A device for detecting peanut allergens, comprising the antibody of claim 1.
- A cartridge for use in a peanut allergen detecting device, comprising…
- A method for detecting peanut allergens, comprising the steps…