Could Secret Sales Bar Your Ability to Patent a Medical Device?

A recent Supreme Court decision could have a significant impact on medical device manufacturers. These companies must continue to exercise caution in engaging in confidential sales and offers with outside partners—such as in contracts for device prototype development or stockpiling of products—before filing patent applications. Medical device manufacturers should ideally file patent applications before entering into such agreements or, if not feasible, structure the agreements to reduce the risk of triggering the on-sale bar.