Supreme Court Case Could Change Patenting and Prosecution of Medical Software Patents

I am awaiting my red-eye flight back home to Fort Lauderdale, Florida, after attending the 2nd Annual Medical Device Patenting Conference in San Francisco.  It was a great conference on patenting with an emphasis on medical devices, software, and processes. 

There were a number of in-house and outside attorneys that focus their practices on the patenting of medical devices.  A lot of ground was covered over the two day conference.

One of the highlights for me was the opportunity to hear attorney Michael Jakes and his take on the Bilski case before the Supreme Court on the patentability of business methods.  For the non-patent attorneys out there, the Supreme Court recently heard oral arguments on the patentability of business methods and processes and Michael Jakes is the attorney that filed the brief seeking certiori and argued before the Supreme Court on behalf of Bilski.  The Supreme Court has not made a final decision as of yet.  This decision will have a major impact on the patentability of medical software, methods, and processes.

A summary of the procedural history and background of the Bilski case is available on Wikipedia and you can link to it from here.

Annual Medical Device Patenting Conference

I am in San Francisco, California, attending the Annual Medical Device Patenting Conference.  It is a great conference with superb speakers with expertise in the patenting and commercialization of medical devices. 

More details are available here and summarized below:

Best Practices for Top Medical Device Executives in Development of IP Documentation, Protection of Patents in the US and Abroad, and Licensing of IP in Commercial Partnerships. 

About the Conference

Beginning at the outset of device research and development, executives must examine the emerging technology, it’s potential future as a commercial product, and the documentation which will protect it and the company for years to come. Doing business in a global environment gives way to indefinite opportunity for medical device manufacturer’s but also open them up to competition and vulnerability on an international scale. Executives today must be more aware than ever of patent requirements and legal protection world-wide. Global oversight does not supersede the importance of IP protection internally as well as with corporate partners.

 Topics to Include

  • Technology Transfer and Licensing: Academic Perspective
  • The 2009 Patent Reform Act and Updates
  • Confidentiality Agreements and Privacy with External Providers
  • Patent Prosecution
  • Where to File: Early-Stage Strategy
  • Carrying out Litigation for Protection in Asia
  • Innovation Incubator: Looking at IP and Seeing a Successful Product
  • VC Perspective: Initial Steps in IP Development Effect Funding
  • M&A Activity: Buyer Assessment of IP
  • Freedom to Operate Analysis: Panel Discussion
  • Collaborative Infrastructure of IP Protection
  • Assessing and Maximizing the Strength of Intellectual Property
  • Joint Development Agreements