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

Inventors in the medical device field may want to pay attention to a new patent awarded to Apple.

Titled "Nitriding Stainless Steel for Consumer Electronic Products", it describes a cost-effective system that would place a layer of nitride atop a stainless steel exterior. This would add a durable scratch and impact resistant surface to stainless steel.

There are other coatings that add these benefits to stainless steel, but they also usually mask the natural surface color and texture of stainless steel. For example, titanium nitride coating is a metallic gold color.

Why this is Important for Inventors in the Medical Field

Because stainless steel is used everywhere in the medical industry, including...

• Scalpels
• Clamps
• Scissors
• Screws
• Replaceable joints
• Trays

And any other number of medical devices. Do you think any of these products could benefit from a more durable scratch and impact resistant surface?

Questions To Help You Come Up With The Next New Medical Device Patent

Obviously you can't claim a patent for adding nitride to stainless steel operating equipment (Apple now owns the rights to this application), but there are a few lessons you can learn from them.  As a medical device patent attorney focusing on medical patents and dental patents, I've come up with a couple questions you might want to ask yourself...

Medical Device Question #1: How could I improve an existing product?

Apple didn't invent anything brand new here. They just found new process that makes stainless steel more durable...which makes their products better. For a new inventor, this is one of the easiest ways to come up with new inventions.

Medical Device Question #2: What are the users used to?

Does your application or invention change the way the product looks so much that it won't be used? I highly doubt patients care if the knives cutting them open are silver or gold, but the doctors who use them have a built in way of identifying their tools.

If they are used to using silver tools, and your coating makes them pink...will they still use them? Even if they are better?

Asking yourself these two questions will ensure your invention qualifies for a patent...AND...that you have a marketable product to sell.

Full story here - New Apple Patent

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A new patent-pending mouthwash may solve the needs of 25 million consumers. And at $10 a pop, this could be a brand new $250-$500 million per year industry. If you have an idea for the dental field, then following this company's advice could be your golden ticket.

Patents on Dental Products

I just finished reading a web article on Dentistry IQ - click on the link for the dental patent article - about Orazyme Dr Mouth Mouthwash.

According to the article, dry mouth:

"…is caused by various diseases and their treatments, stress, vitamin deficiencies, and by hundreds of common medications ranging from antidepressants to antihistamines. One in five people will experience its effects at some point.

Dry mouth isn’t just a matter of a dry, sticky uncomfortable feeling, cracked lips, rough tongue and the sensation that the teeth are perpetually dirty. It can be dangerous by affecting appetite, the ability to chew and swallow and digestion. In addition, dry mouth promotes tooth decay and gum disease, which are linked with other systemic diseases."

The article continues by explaining how the mouthwash contains two patent-pending technologies designed to help combat dry mouth.

The first one is a formula that "… features seven natural oral enzymes that remain bioactive through a patent-pending delivery system." The second is a "… patent-pending MIM Salzyme Metal Ion Management technology to help protect the mouth’s immune functions."

 Three Golden Rules for Dental Patents

As an aspiring inventor, there is much you can learn from this new dental product. In fact, after reading the article I came up with three questions you can ask yourself after coming up with an idea.

Patent Question #1: Who is your audience? Apparently, over 25 million people are affected by dry mouth.  Ask yourself, does my idea cater to a large enough audience to be profitable?

Patent Question #2: What is the problem? Dry mouth not only sounds uncomfortable, but it can lead to worse problems like, "tooth decay and gum disease". Ask yourself, does your product address a problem?

Patent Question #3: What's the urgency? Some problems can be put off or ignored, say a leaky faucet or squeaky door hinge. However, a problem that causes daily frequent pain (like dry mouth) is much harder to ignore. Ask yourself, what urgent problem can my product solve?

By creating a dental product that caters to such a large audience with an urgent problem, Orazyme is ensuring their success in the market. If you want to increase the odds of a marketable idea, make sure you ask yourself these three questions before pursuing a patent for your dental product.

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  A new patent pending medical device – based on scientific research – proves even simple innovations to existing products can be very lucrative.

Surgical masks haven't changed too much since 1918. It was the year of the Spanish Flu pandemic, and surgeons adopted cotton gauze masks during surgery to protect themselves from patient diseases.

The interest in masks as germ barriers was based on the work of Joseph Lister, who developed asuccessful system of antiseptic surgery (based on Louis Pasteur's' at the time controversial germ theory).

Since then, there has been much innovation in surgical masks. Lighter materials. More comfortable straps. Anti-glare strips. And of course, bacterial filtration. All worthy of new patents.

A New Patent for an Old Medical Invention

Despite all the new additions, one major problem remained…unique facial features.

Since surgical masks are a mass-produced item, there is no possible way for them to perfectly fit every face. And surgical masks that do not have a completely air-tight fit do not completely prevent the spread of germs.

A new medical patent aims to change that.

I recently came across a press release about a patent from Cantel Medical Corporation for a new type of surgical mask. And it shows how medical research can lead to new patents.  Click here if you would like to read the press release.   One paragraph in particular reveals how this new patent resulted directly from a medical study:

A recent study, published in the September 2010 issue of the American Journal of Infection Control quantified the ability of medical face masks to minimize the spread of infection.  The study, entitled "Quantifying Exposure Risk and Mask Protection," found that a tighter-fitting mask may offer as much as 100-fold greater infection control benefit than standard, loose-fitting masks.

The press release goes on to explain how ill fitting masks are "rolling out a red carpet for dangerous infectious material to bypass the mask" and that proper fitting face masks are cheap insurance against infectious disease.

Takeaways for the Medical Device Inventor

 Studies and medical research are great starting points for possible medical patents for two reasons:

1.    Facts and figures of what needs to be improved

Usefulness is one of the first criteria the patent examiners use to determine if an idea is patentable. The study mentioned above found that "tighter-fitting masks may offer as much as 100-fold greater infection control benefit than standard, loose-fitting masks."

2.    Proof there is a need.

There isn't much good to a new medical or dental idea, unless there is a need, or demand for the innovation.  Looking into medical studies is one way to try and keep your finger on the pulse of medical demand.  Including a reference to the study in the patent application is sometimes a good idea and can be very persuasive to a Patent Examiner of this need.

Spending some time digging through medical research could give you the next big idea.

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One of the hottest areas for inventions is in the medical device field and as a Registered Patent Attorney experienced with patenting medical and dental products nationwide,  I have spoken to hundreds of doctors, dentists, nurses and even some patients interested in securing patents on their innovations.  Some of the best inventions (and most patentable) all share a tried and true formula for success.

This formula

• Saves time
• Lessens your initial investment
• And maximizes the chances that your invention will be approved by the Patent Examiner assigned to your case.

Here's a quick story, that although has NOTHING TO DO WITH MEDICAL OR DENTAL PATENTS, goes a long way to illustrate a simple formula uncovering patentable and profitable niches in the market.

Patent Lessons from a Golfer

I just finished reading a short article on South Carolina golfer and inventor Michael Owens (http://tinyurl.com/368xxma). Owens has a patent pending on a device that securely holds personal golf GPS devices and laser rangefinders in place on golf carts.

The device that holds the GPS on golf carts only took him several months to create, test and refine. With an outstanding order of 1,200 units at $29.95 each, Owens will just about cover his initial $45,000 investment.

Less than a year and already his idea is paying off.  In terms of bringing an idea to market, that’s almost lightening speed!

The Easier Path to Patents

The inventor trick Owens used to quickly create a profitable invention is simply finding a better way to use an already wildly successful product.

Here's how he did it…

First, Owens found a product that people are already using.

If you are a golfer, you already know GPS units and laser range-finders are all the rage on the links. By linking his product to something that people use and are familiar with, Owens greatly increased his chances of patenting a marketable product.

Second, find a way to make that product easier to use.

In this case, Owen saw his friends fumbling with the GPS units in their pockets, in cart cupholders, seats or open spaces in the dashboard area. By creating a sturdy magnet-based GPS holder – that also didn't need to be removed constantly – Owens took a great product and made it better.

And if his patent application goes through, he will have the right to prevent anyone else from making, using, or selling his idea.  A legal monopoly that he can charge a royalty percentage or outright sell to another.

Keep these two points in mind next time you are working on your next big idea.

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Are you a doctor with an idea for an invention that could change the face of modern medicine…treat patients better, faster or cheaper…and (hopefully) fill your pockets with riches beyond the dreams of avarice?

If so, then you should know about a little "loophole" in the patent law that could negate the patentability of your inventions.

Here's the story: "John" is a doctor who has an idea for a product that will lower blood pressure. After a few months of tinkering in his garage, John has his invention in working order.

For two years John tests and improves his invention. During this time he also writes a few articles on the benefits of his new invention. And outlines a case study on his website. After John gets everything in working order, he decides to patent his invention…only to find out the patent is denied.

Why Patents Get Rejected

According to patent law to qualify for a new patent, inventions must be "novel". This means it does not exist in the "prior art," which includes publicly available written information or products that have been publicly used or sold.

The problem is that "prior art" is a very vague term.

Anything that could put your invention into the public mind (including simply publishing articles or using it in public) could be enough to qualify it as "prior art" and prevent you from exclusively cashing in on your idea.

With that in mind, here are the two mistakes John made.

Patent Mistakes

Mistake #1: Publicly Using the Invention – You should be particularly careful regarding public use, as the law does not require a high level of public exposure.

Mistake #2: Publishing the Inventive Idea – "Prior art" includes (among other things) any publication describing an invention that was published more than one year before filing a patent application covering the invention.

Even though the United States permits a one-year grace period in which to file a patent application, it is still prudent to file a patent application before selling, offering to sell writing about or publicly using the invention.

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