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Medical Device Approvals

Your engineering team has a working device and investors keep asking when it will be "FDA approved," but the answer depends first on which path the FDA will require, and approved may not even be the right word.

Reviewed

01 GUIDE

Medical Device Approvals: what usually happens

Classification sets the route

The FDA sorts devices into classes based on risk, and the class largely determines how a device reaches the market. Many lower-risk devices are exempt from premarket review, while many moderate-risk devices reach the market through premarket notification, known as a 510(k), which asks whether the device is substantially equivalent to one already legally marketed. A new device with no suitable comparison may use the De Novo process if its risk is low to moderate. Higher-risk devices generally need premarket approval, which calls for clinical evidence of safety and effectiveness. Medical device approvals in the strict sense refer to that last path, while a 510(k) results in clearance.

Words and evidence that matter

Describing a cleared device as "FDA approved" in marketing is a common mistake and can mislead buyers and regulators alike. The predicate device chosen for a 510(k), the intended use statement, and the testing plan shape the whole submission and are hard to change later. Software and devices that use artificial intelligence raise questions about which features need review and how changes after clearance are handled. Clinical studies of significant-risk devices usually need an investigational device exemption before enrollment begins. Keep design control records from early on, since the agency and later acquirers will expect them.

Planning the submission

We start with what the device does, how it is intended to be used, and which similar products are already on the market. That allows a realistic view of the likely pathway and whether a pre-submission meeting with the FDA would help settle open questions. We also look at how your regulatory plan lines up with financing milestones and with what you are saying publicly. Breakthrough designation and other programs may be available for some devices, and we discuss whether they fit. The aim is a pathway decision you can explain to investors and support before the agency.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

Client-centered service across jurisdictions

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about medical device approvals and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.