Effective Strategies to Patent Plastic Surgery Ideas and Intellectual Property

Abstract

Summary: Patents are of great importance to plastic surgery, a field fueled by constant innovation. Familiarity with the patent process could promote further innovation by plastic surgeons. By granting proprietary rights to inventors in exchange for publication of their inventions, patents incentivize creativity and innovation while promoting diffusion and transfer of technology. The task of securing patent protection, however, is complex, and begins well before the patent application. Inventors must familiarize themselves with regulations to ensure that their inventions satisfy the criteria for patentability, which can differ among countries. Patents regarding surgical methods should undergo additional ethical deliberation given their potential interference with medical altruism. The patent application must be devised and written thoroughly, as it needs to withstand meticulous examination by patent offices and potential third-party opposition, and professional assistance in doing so should be sought. Filing of the application calls for intricate procedural and timing requirements that bear major benefits if well understood and respected by applicants. Given that patent rights only cover the issuing country’s territorial scope, further endeavors must be pursued when seeking patent protection in additional countries. In this regard, two options exist, and the ultimate decision should be tailored to each inventor’s personal needs. At every step of the patenting process, financial readiness is key because costs can be unpredictable and escalate quickly. In this article, the authors propose effective strategies directed at plastic surgeons to facilitate patenting of their ideas and protection of their intellectual property.