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Expert Analysis

A Chance To Clarify Medical Device Patent Indefiniteness

By Joe Bird and Sarah Daley ( August 5, 2019, 4:07 PM EDT) -- Claims in medical device patents can be less precise than in pharmaceutical or biotech patents because the latter are tied to a chemical structure, nucleotide and/or amino acid sequence. Medical devices, however, use mechanical means and energy forms not defined by the rigors of biochemistry, and therefore patent strategy and claims for devices can leave more to the imagination and creativity of the patent prosecutor....

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