Bold Ideas
Physician's Guide to Patents
Copyright 2021 by J.D. Houvener and Bold IP, PLLC dba Bold Patents Law Firm
All rights reserved.
No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems, without permission in writing from the author.
NOTICE:
This book is not legal advice.
There is no attorney-client relationship formed.
Bold Ideas
Physician's Guide to Patents
J.D. Houvener, Esq., MBA, PE
Patent Attorney and Founder of:
Bold Patents Law Firm
WHO IS A BOLD PHYSICIAN?
You are. By picking this book up, seeking new knowledge, being vulnerable to the idea that you dont know it all, makes you bold. I have a hunch too, that because youve picked this book up, you are also an entrepreneur and if you dont already, will soon have your own medical practice some day.
Because you share similar passions of all entrepreneurs, youve decided to make your own way and impact the world for good, on your terms. Thats bold. Thats who I wrote this book for. I want you to be educated about the US Patent laws, the system, the process, and the inner workings of a for-some-reason-hidden/shrouded area of the law.
The term physician was chosen on purpose for this book. I wanted to be sure to differentiate between those who made it through medical school, and are practicing in the field of healthcare. Your profession cannot be any more noble - you are helping people live better, healthier lives.
The term bold, as you can see above, distinguishes those that own their own healthcare practices (or those that soon plan to). So, another title I'd like to give you is Entrepreneurial Physician. How does that feel? Hopefully it gets you a little excited.
I know some of you might still be wondering, is this book really for me? here is a (non-comprehensive) list of all physicians that I want to reach in this book:
Dentists
Orthodontists
Chiropractors
Optometrists
Psychiatrists
Family Medicine
Internal Medicine
Pediatricians
Obstetrician
Surgeons
Cardiologists
Dermatologists
Endocrinologists
Gastroenterologists
Nephrologists
Ophthalmologist
Otolaryngologist
Pulmonologist
Neurologist
Radiologist
Anesthesiologist
Oncologist
Some Kind Words from Fellow Bold Physicians...
" The style of presentation is very good, Physician's Guide to Patents breaks down a complicated topic into simpler language and terminology that's readily understood by non-attorneys, including physicians ."
- Dr. John Kibby, Annapolis, MD
As doctors we often have a lot of great innovative ideas that can better our world but just dont have the time or knowledge of how to patent them. Bold Patents has been awesome at guiding me through the process of patenting my process. I hope to patent more innovative concepts with them in the future.
- Kristine Brecht, MD, Seattle, WA
Physician's Guide to Patents pierces the veil of complexity in the Patent world, walking you through the process, and establishing reasonable expectations... A pivotal read for physicians accustomed to making decisions with the best available evidence, and a great help in the fight to do it right the first time."
- Dr. Patrick K. Silva, DC CPT COEE, Edmonds, WA
SMOOTH SAILING
Congratulations! By reading this, youve already taken the first step toward protecting and monetizing your bold ideas. As you probably know, there is an absolute sea of information out there about Patents on the internet. Like so many other inquiries made online, the question becomes not whether there is any information on the subject, but which source of information can I trust? and who can I talk to about my specific invention? and even more, why do I have to pay an attorney $500/hour to get some simple questions answered?
Well, let me take up the last question first. Quite simply, many attorneys justify charging clients for educating them on the patent process. And while I get it, some people are willing to pay that kind of money, the majority are not. And the majority of solo inventors that I have come across in my practice are not either. What this means is that inventors will try to save money by trying to learn on their own before approaching an attorney. They will seek out blogs, online journals, and articles and read through case law or other legal books. Because there is so much misinformation, opinion-based articles, these inventors either become confused or form an incorrect understanding of the law. By the time I get to speak with some of these clients, there is quite a bit of unraveling, clarifying and de-mystifying what they attempted to learn and do on their own.
Ive found that once Im able to give the client the straightforward answers theyve been looking for, calm them down, and show them the process and path forward, its smooth sailing. Teaching clients is something that comes with the job, but my passion is practicing the law and helping clients navigate their case through the USPTO. This means that the less time I spend teaching them about the basics, the better job I can do.
If a client came in with a clear understanding of the patent process, had clear expectations and knew how they could help, the stronger the potential for both invention and creator. When the client is on the same page as I am in the process, I am able to focus on what counts and they get the most out of my time, so it costs less! Its a true win-win. So, it is my goal that through this book, more inventors and attorneys will sail smoothly through their Patenting process.
CONTENTS
Physician Inventions
Physician Inventions: Medical Devices, Methods, and Drugs
While its true that you, as a physician inventor, are more likely than not to innovate within your own field (medicine), I acknowledge that your innovations may very well be outside (if not way outside) your field. Ive had physician clients that have invented sports equipment, business methods, and consumer products!
That said, I wanted to introduce the most common types of inventions that physicians are most apt to come up with.
Medical Devices
If youve come up with a new device, the claims around the invention will focus on the functional utility, and will rely on the structural elements of the device. Device claims can also take the form of systems, assemblies, compilations, among others. This is where the inventor is combining devices (perhaps already existing) for the first time to perform a novel function.
As you will read below, the claims of a patent are what you as the inventor will own, should your patent get through the USPTO and be allowed to issue or grant.
Ive copied below a figure and an example medical device claim set from a recently issued patent, US 10,603,145 Dental Device for Applying Medicine to a Patients Tooth.
Note, in a Utility Patent, the inventor doesnt own whats shown in the picture, but instead, whats owned in the written claims.
