Common Medical Device IP Mistakes | featuring Robert Ward

In this episode of MedTech Snapshot, we dive into intellectual property in medical devices with Robert Ward, Partner at Greenberg Traurig. We cover what happens when IP is filed incorrectly early on, how experienced counsel audits and repairs patent portfolios, and what founders and investors should be looking for from an IP perspective during growth and due diligence.

Intellectual property is one of those topics that everyone agrees is important, yet it’s often misunderstood or handled too late, especially in early-stage medical device companies.
In this episode of MedTech Snapshot, we sit down with Robert Ward, Partner at Greenberg Traurig, to unpack what actually happens when IP isn’t filed correctly the first time and what founders, executives, and investors should be paying attention to before it becomes a real problem.
Rob walks through a scenario that comes up more often than people realize. A startup grows, switches legal counsel, or prepares for fundraising or acquisition, only to find out that their patent portfolio doesn’t fully cover the product they’re building. In some cases, companies hold patents that protect concepts they no longer use, while missing protection for the technology that actually matters.
The conversation digs into how experienced IP counsel approaches this situation, starting with a full audit of the existing portfolio. That means understanding the product as it exists today, how it has evolved, and whether current claims still align with where the technology is going. For complex, multi-component medical devices, this can quickly expose gaps that weren’t obvious early on.
Rob also highlights a common mistake in early-stage development. Products iterate fast, indications change, and designs evolve, but IP filings often stay frozen in time. Without regularly reassessing how patents map to the product roadmap, companies risk falling behind their own innovation.
Beyond founders, this episode also touches on IP from a venture and diligence perspective. When investors evaluate a medical device company, they’re not just looking to see if patents exist. They want to know if those patents actually protect the business.
For anyone building, scaling, funding, or acquiring a medical device company, this episode is a practical reminder that strong IP isn’t about volume. It’s about alignment, strategy, and keeping pace with the technology itself.

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