In the US, you have a 12-month grace period after public disclosure to file - most other markets do not. Treat any pitch deck, conference poster, or non-NDA conversation as a disclosure event. File a provisional first, then build the full prosecution strategy around your FDA pathway.
Why this comes first
Investors will not lead a Series A on an asset that competitors can clone. Strategic acquirers value the IP estate more than the revenue. And every founder eventually gives an unguarded demo at a conference - the question is whether a provisional was on file beforehand.
What to file
Most medtech roadmaps include a layered IP estate, not a single patent.
- Provisional patent (USPTO) - locks priority date for 12 months at low cost
- Utility patent - the core device, method-of-use, and software claims
- Design patent - the industrial design (cheap, often overlooked, hard to design around)
- PCT application - extends international filing window to ~30 months
- Trademark - device name, company name, key software product names
- Trade secrets - manufacturing processes, training data, calibration parameters
How it ties to FDA strategy
Method-of-use claims should align to your indication for use statement in the 510(k). If your patent claims a use the FDA hasn't cleared, the claim is unenforceable in commercial settings. Coordinate patent counsel and regulatory counsel from week one.