MedTech Launch Guide
    Education Hub for Founders
      Roadmap/01 · IP Protection02 · Regulatory Pathway03 · Clinical Evidence04 · Reimbursement05 · Cybersecurity06 · Business Model07 · Go-To-Market
    Step 01 of 7 · Roadmap

    IP Protection

    File before you publish, demo, or pitch a stranger

    When to start
    Before any external disclosure - ideally pre-incorporation
    Duration
    Provisional: 2–4 weeks · Full PCT strategy: 12–18 months
    Indicative cost
    USD 3K (provisional) → 30K+ (utility + PCT national phase)

    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.

    Start of roadmap
    Next
    Regulatory Pathway
    Step 02 · 510(k), De Novo, or PMA - and the Pre-Sub that de-risks each