Medical and Dental Patent Lawyer & Attorrney : John Rizvi : Gold & Rizvi Law Firm : Florida, Serving Miami, Ft. Lauderdale, Orlando, Tampa, Florida

    Medication accounts for a great majority of medical patents, though every medication has its side effects. There's no doubt medicine is saving lives and yet there are clear medical patent opportunities to minimize the risks associated with them. The main difficulty, as you in the medical community may be aware, is that medication is designed to handle a specific issue within the body. However, everything within the body is connected and the challenges in treating one area without impacting any other is significant.

    One such area where improvements are needed is in treating prostate cancer as a new study describes the difficulties patients have in selecting the treatment plan with the lowest side effects (AP via CNN Health). The study, published on March 19, 2008 in the New England Journal of Medicine, studied four prostrate cancer treatments: surgery, standard radiation, radioactive seeds (for patients in the early stages), and hormone therapy.

    The side effects of the various treatments were related to sexual and urinary complications. Hormone therapy in combination with radiation "had a big effect on men's vitality and sexuality." Similarly, radioactive pellets created sexual problems, as well as "discomfort in urinating." Surgery, too, impacted sexual performance and a small percentage had trouble with incontinence one to two years after the surgery. Bowel problems, such as rectal pain and a higher frequency of trips to the bathroom were associated to varying degrees with the treatment plans. And, this is, in fact, my point: while the side effects I've described varied depending on the therapy used, they were present with all of them.

    Looking ahead, I'm wondering where medical patent innovation may take us, where we may find remedies, in medicine and otherwise, that reduce or eliminate side effects. And, I specifically wonder whether taking a more holistic, systemic view in the treatment of any medical issue may lead to medical patent innovations and developments that will help us recover and thrive.

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    According to Claudia Wallis, knee replacements surgeries will increase by 525% by 2030 (CNN Health, March 6, 2008, Photo Morgana/Corbis). As a U.S. Registered Patent Attorney, I recognize the opportunities this figure represents in the various ways the medical community could help people prevent the need for this surgery or handle life afterwards as appropriate. The increase is partly attributable, it seems, to the earlier onset of osteoarthritis (age 65 as opposed to 70) coupled with a desire for these younger older citizens to remain active.

    It also brings to mind the undeniable fact that, as Baby Boomers are now nearing retirement, this population segment will explode in the years to come. This, of course, means that there will be an increased need for medical products, supplies, and services designed to keep up with the needs. Moreover, as the aging population increases, so too will the opportunity to acquire a medical patent. Attorneys involved in patenting, as I am, should be on the lookout for medical patents geared toward the elderly, tracking ideas as they develop, so that we can astutely advise our medical patent clients of the degree to which their ideas are/are not patentable.

    Wallis also reports that the number of hip replacements will "more than double, rising from 285,000 to 573,000," which further increases the need to fortify and support aging bones. Moreover, as obesity is indicated as a high risk factor, promoting healthier lifestyles is another source of opportunity. Should you find yourself in need of a medical patent attorney, feel free to call me at (866) 433-2288. I handle other areas of patent law, but have particular expertise in this regard.

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    (Los Angelos Times, February 4, 2008) Medical patent opportunities for "bloodless solutions" have been actualized in a wide range of medical devices in technology. With patients increasingly concerned with the risks associated with transfusions, the trend appears to be growing.

    And, it's backed by a growing number of medical practitioners. In fact, the L.A. Times reports that approximately 125 hospitals currently offer bloodless or transfusion-free programs, compared with only 35 in 1994. As a medical patent attorney, I was interested to read of the various ways patient and physician concerns have translated into medical patent opportunities in new and innovative devices and techniques.

    Blood conservation is of particular emphasis, and a variety of techniques are being used to minimize the loss of blood that occurs as a result of many illnesses. Additionally, current medical patents exist for "innovative medications" that meet the same purpose. Surgical devices, too, have been devised and patented to stop the loss of blood during surgery.

    Threats of infectious disease may be a leading factor in the trend, but a number of other transfusion-based risks run along side it. Allergies, for one, are a concern; patients can have mild to severe reactions upon receiving someone else's blood. Moreover, human error accounts for patients receiving the wrong blood type during a transfusion, with often disastrous results.

    Experts in transfusion dispute the risks, saying they're somewhat "overstated"; however, the concern seems to be growing. Safety, overall, is of continued concern, and it's natural that it should spillover into the medical community. As a medical patent attorney, I notice a lot of medical and other trends in the news and in the form of patent applications that cross my desk.

    I believe this is a trend that will be here for some time. If you have a medical patent idea in this or any other area, feel free to contact me at my Florida patent law firm, Gold & Rizvi, P.A., or at JohnRizvi@IdeaAttorneys.com or 1-866-433-2288.

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       Merck & Co, Inc., in collaboration with Arena Pharmaceuticals, is taking a patent pending drug into Phase One of a clinical trial (PharmaLive, January 25, 2008). Merck's second generation niacin receptor agonist is a combatant to artherosclerosis.

        Will the patented drug enter the market?

        According to Arena Pharmaceuticals' President and CEO Jack Lief, so far, so good. This particular trial is part of a larger collaboration between Merck and Arena to discover patented ways to treat artherosclerosis and other disorders. While a recent investigation of MK-0354 broke down in the preclinical trial phase, Lief remains optimistic about the progress they've made with this new drug.
      
       Artherosclerosis accounts for the greatest number of cholesterol-related deaths. So, it makes sense that Merck wants to contribute with drugs aimed at its demise. As a Florida patent attorney, I see pharmaceutical companies racing to market with ever new and innovative solutions to patient ills.

        A great deal of money is spent on patenting drugs that ultimately fail before reaching the market. You might wonder if its worth it. Ask the pharmaceutical companies, however, and the answer is a resounding and emphatic "Yes!" Financial market analysts agree. Patented brand name drugs net huge returns.

        And, as a Florida Patent Attorney who watches the business and financial worlds closely, I can attest to the fact that patents are the driving force behind profits in each and every category.

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    I posted the information below in a separate blog I run for people interested in non-medical patents. However, I thought it would be of use to this community as well.

    The question being discussed is how 'at-risk' patent holders are for having their patents revoked. And the short answer is...very little.

    . The United States Patent and Trademark Office doesn't make it easy to get a patent. Florida patent attorneys like myself work through excruciating details to secure the approval of our clients' patent applications. The USPTO also expends significant resources in determining an inventor's eligibility for patent protection and is necessarily reluctant to take a patent away once it's been issued--absent strong evidence that a mistake was made.

    I read an article yesterday about the USPTO's decision to tentatively nullify four patents held by Gilead Sciences, which cover a drug that treats AIDS patients (San Jose Mercury News, January 24, 2008). A consumer advocacy group up the coast from Florida (in New York) called the Public Patent Foundation is the third-party challenger in this case, claiming Gilead's patents are invalid, because they'd publicly disclosed the technology behind the drug.

    This brings up something I consistently counsel Florida patent seekers (and patent seekers everywhere) against. It is vitally important not to publicly disclose your idea--and in fact not to disclose it except under absolute necessity--before filing for a patent. The USPTO can, and certainly will, reject a patent application for an idea already in the public eye.

    Now, I doubt that Gilead, having already secured their four patents, will have their patents revoked. (Even the Public Patent Foundation admits the unlikeliness of this.) And, Gilead, which earned $3.1 Billion in sales based on their patents, says they will "vigorously defend each and every claim." With that big a business riding on it, I'm sure they will.

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       Applied DNA Sciences has filed multiple patent applications for technologies that serve to protect the authenticity of patented branded products (Medical Patent News, January 23, 2008). The technology works within hand-held scanners, which optically read their "SigNature DNA," a coding embedded by Applied DNA Sciences.

    As a U.S. Registered Florida Patent Attorney, I find this concept interesting. The idea behind it is preserving the authenticity of our patented products. And, authenticity is a key element in medical patents and, for that matter, any kind of patent. In the medical field, for one, we know that drug patents are among the most highly prized and valuable patents you can hold.

    Think of authenticity as a broader platform in the medical community. What brands of supplies, pharmaceuticals, and equipment do you trust most? Which feel, as the Coke slogan goes, like "the real thing"? No doubt others in the medical field feel strongly about particular (patented) brands.

    Patients, too, find comfort in brands they know and trust. Are you in the process of inventing something for use by medical staff? By patients? How are you imbuing authenticity within your product's concept? When an idea is innovative enough, being first is itself the strongest voice of authenticity.

    In this vein, you can see why patenting is so important. So, I'm interested in Applied DNA Sciences' hopefully soon-to-be-patented authenticator. And, interested in seeing of others are as interested in authenticity as I am.

    If you're interested in authenticating your medical invention with a patent, contact me at 866-433-2288 or JohnRizvi@IdeaAttorneys.com.

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       As a Florida Patent Attorney, I track the news relevant to innovators in the medical field and post them here in my blog. Rather than straight reporting, one of the things I do is to give you insights you can use in your own innovations. For instance, today I read that the U.S. Patent Office has issued a patent for Hythiam Inc.'s PROMETA® alcohol and chemical dependence treatment program. I'll give you the scoop on what their patent covers, but I'll also point out the larger health trends the patent links to with the aim of spurring on your own ideation development.

       First, the scoop.

       According to an article at PharmaLive.com (Business Wire, LA, January 10, 2008) PROMETA® is a patented treatment program designed for healthcare providers with patients dependent on alcohol, cocaine, and methamphetamine independently or in combination. It's a holistic treatment program that incorporates nutritional supplements, psychosocial/other therapies chosen by the patient and her treatment provider, and FDA-approved medication given orally and intravenously, which are "separately administered in a unique dosing algorithm."

        As with any treatment program, PROMETA® was developed with the goal of "sustained recovery," What makes it patentable is partly the specifics of the integrated approach and partly the integration itself, which comes at alcohol and chemical addiction from disparate perspectives: the psychology of the individual on his own and in regard to his social environment, his physical health and potentially associated nutritional deficiencies, and a medical/pharmacological perspective.

       And, herein lies the insight.

       This treatment program fuses three macro cultural trends: 1.) An increasing emphasis on the mind-body connection; 2.) an underlying belief that no one perspective is universally "right;" and 3.) a belief that success with patients is borne partly in their own sense of responsibility and involvement.

         Interest in the mind-body connection in particular is a trend that has continued to grow over the last several years, and you can see this in patented products in virtually every category, including fitness, publishing, alternative health practices, the expansion of nutraceuticals into even our soda, etc.

        So, looking at the innovation you're currently or considering working on: Do any of these trends factor in? Could/should they? Or, is there another macro trend evident in your design? Honing in on a trend at play in the larger culture is a way of sharpening your idea and its development. I'm always looking for ways larger cultural trends impact and push forward innovation and would love to help keep the good ideas going with patents and trademarks that protect original, ingenious thinking.

        Contact me if you have an idea you'd like to protect - (866) 433-2288.

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      The focus on how our psychological impacts our physical health is a trend that continues to gain momentum in medical communities and in the general populace. It occurs to me that patent opportunities are abundant in this area in the form of products and patented regimens that might improve our mental outlook.

       One such area of opportunity is in combating chronic anxiety, according to recent research, which was reported on by today's edition of the Florida SunSentinel online (January 7, 2008, Sunsentinel.com). The American College of Cardiology published the research, which indicates that "chronic anxiety can significantly increase the risk of a heart attack. Men are reportedly at greater risk.

       While medicine is prescribed to keep cholesterol low and diabetes under control, a researcher at the New York University School of Medicine in commentary about the study said that all too often "we don't look at the psychological aspect of a patient's care." She urges doctors to look beyond traditional risk factors to see where what's going on in a patient's head might be impacting their heart. For the full study, click here.

       I believe an understanding of the mind-body connection is a trend that will continue to grow and represents a tremendous opportunity for the budding medical and health minded inventor. I look forward to seeing more products that can help people tackle issues at their source, and I will post additional information here as I come across it. As always, if you have an idea you'd like to pursue I'm happy to discuss it with you at no charge -- 866.433.2288.

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       Dr. Tom Kosten, a professor of psychiatry at the Baylor College of Medicine, and his wife, neuroscientist and psychologist Dr. Therese Kosten are working on a medication to aid people in stopping cocaine addiction, according to a recent Newsweek article. The vaccine is designed to help the immune system identify cocaine when it's in the system and to "bind to the cocaine and prevent it from reaching the brain."

       This is an innovative approach that marks the first time a medication might successfully be used to combat cocaine addiction. Since the addictive highs associated with cocaine occur when the drug reaches a person's brain, "hijacking" the drug before it reaches that point is particularly advantageous. The drug is currently in clinical trials, and Kosten has requested a full "multi-institutional trial" by the Food and Drug Administration to start this spring ('08). Holding a patent for this type of medication will likely be lucrative; David Gorelick, senior investigator at the National Institute on Drug Abuse, calls "addiction vaccines" a "promising advance."

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