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

    In the online edition of Time magazine, an article reports that asthma inhalers containing chlorofluorocarbons (CFCs) will be illegal for production or sale as of December 31st of this year, because of known detriments of CFCs to the environment. Medical patent attorneys and innovators should look for opportunities to create greener inhalers, particularly as current options are inconvenient.

    The current greener asthma inhalers require a specific cleaning procedure to prevent clogging, and they also tend to be more expensive. The CFC-free options on the market today include "GlaxoSmithKline's Ventolin HFA, Schering Plough's Proventil HFA and Ivax Corp.'s Proair HFA." These contain albuterol; another inhaler from Sepracor--their Xopenex HFA--contains a similar medication, levalbuterol.

    As a medical patent attorney (or at least a patent attorney with a particular specialty and expertise in medical patents anyway), I look forward with interest to green alternatives in asthma inhalers, which are both more convenient and less costly to the consumer. Something to make us all breathe a little easier.
 

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    Think medical patents couldn't derive from a state known largely for its cheese? The University of Wisconsin-Madison begs to differ, and the students who flock to their biomedical engineering program from all over the country agree. Taking an unusual experiential approach, UW-Madison sets itself apart by offering students the opportunity to solve real-life clinical issues through research and design.

    This leads to ongoing medical patent opportunities for its students, who can watch their accomplishments from conception to completion--and in the field resolving medical needs. In the full article at Newswise, biomedical engineering chair and department head Robert Radwin says their program is unparalleled. "Almost every engineering program has a senior design experience, but all our BME students work on projects throughout their curriculum. You can only do this in Wisconsin, and students come here because of this curriculum."

    Among recent students who have sought or received medical patents for their innovative medical designs are undergraduates Claire Flanagan and Ashley Huth and alumni Chris Westphal. Flanagan and Huth filed a provisional medical patent application for a syringe that can separately "store liquid and solid components, and mix and administer a solution." This is to solve a contemporary challenge in delivering "complex and multi-component therapeutics" according to UW-Madison professor W. John Kao. Westphal was part of a team that developed and manufactured a device to help researchers study hamstring injuries using MRIs.

    The list of collaborative and independent innovation is long and ongoing, as are the opportunities for students to commemorate their efforts with medical patents (and ensuing profits). "I think the opportunity of being able to get a [medical] patent before you get your undergraduate degree lingers in the minds of many students while they are designing and building their devices," says Westphal. Imagining crossing leaving the stage with a diploma and a medical patent in hand, and I believe Mr. Westphal is right on the money.

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    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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