An instrument can be protected as utility patent or even a design patent if it has any unique ornamental feature.
Primarily patentability of the invention needs to be determined, which cane be dome by conducting a through patent and non patent literature (prior art) search. Once the patentability established a patent application should be drafted and filed at the respective patent office.
The inventor can file a National Application in the parent country or an International Patent Application with WIPO. The international patent application is called a PCT application proves to be cheaper if the invention is desired to be protected in a number of countries. Patent application goes through examination at patent office and eventually the patent gets granted.
In the present case if the safety tests conducted on the instrument enhance any feature of the instrument it should be protected. The enhanced feature of the instrument can be protected by filing a continuation in part patent application for the same.
Once the patent is granted the assignee can commercialize his invention or in other case assign rights. The rights can be granted completely, by assigning the patent to a single individual/ organization, or territory specific licenses can be given out for commercialization of invention to various interested parties.
Patent Infringement is said to have occurred when a patented invention is used, sold, manufactured or offered for