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

For decades heart surgeons have used stents to prop open veins and arteries after angioplasty surgery. Now, a new medical patent aims to help keep the “flow” open in other areas of the body as well.

Allium Medical Solutions Ltd. – developer and manufacture of site-specific stents – has just been granted a patent by the Japanese Patent Office for stents used to treat enlarged prostates.

Allium makes an entire line of stents for use in various places along the urethra. But what makes this one different than their other stents (and ones heart surgeons use) is that instead of a balloon-like stent, this one is shaped like a triangle.

Why Patent a Different Shape?

The prostatic urethral lumen (the part that gets “squeezed” when the prostate is enlarged) has a unique size and shape in each man. Sometimes it’s longer. Sometimes it’s shorter. And each prostate has different contours. Because of this, traditional stents that are cylindrically shaped don’t always do a great job of keeping the flow open.

This new patented medical device takes aim at that problem.

The triangular shape of the stent allows it to fit unique male anatomy better, resulting in higher flow volume and improved comfort compared to existing stents.

It’s called the Triangular Prostatic Stent.

Also – and this is what makes it really unique – it doesn’t put the guy’s voluntary continence mechanism at risk. In plain English, guys can control when they go to the bathroom.

What is a Patent Like this Worth?

Let’s take a look at the numbers…

Prostate cancer develops primarily in men over 50 years old, with more than 80% of men developing prostate cancer before their 80^th birthday.

It is the most common type of cancer in men in the United States, with 186,000 new cases in 2008 and 28,600 deaths. It’s the second leading cause of cancer death in men in the U.S. and UK behind lung cancer. And the problem is growing.

And since traditional prostate disease treatments focus on removing the cancer (either through chemotherapy, radiation or surgery), side effects include incontinence and impotence.

Surely, an alternative that reduces these risks would be a welcome option to any patient.

For their efforts, Allium won the 2011 Medical Design Excellence Award competition for the Triangular Prostatic Stent. This competition recognizes the achievements of medical product manufacturers and new medical patents that are changing the face of healthcare.

If you have an idea for a new medical device you think could be patented, request your free “Medical Device Patent Kit” by calling 1-866-433-2288.

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In part one of this article, we talked about obesity and heart disease…two growing trends in America that will require new and innovative medical devices. You can read this article here Medical Device Trends Part One.

Today, we will look two more large-scale health issues that will require new technology, innovation and patents.

Medical Device Patents and Diabetes

Coming in as the seventh deadly killer in the U.S., Diabetes claims roughly 71,382 lives per year. 17.9 million Americans live with diabetes. And another 2.5% of the population does not know they have the disease.

In fact, since 1988 there has been an across the board increase of instances of diabetes regardless of age, sex or ethnicity.

Diabetes leads to greater incidences of heart disease and stroke, high blood pressure, blindness, kidney disease, neuropathy (disease of the nervous system) and even amputations.

And diabetes is a $175 billion per year (and growing) industry.

Surely, creative new patents and medical devices will need to be invented to fight this dreaded disease. What are some of the opportunities for inventors?

There are two types of diabetes. People are either born with type-1 diabetes, or they develop type-2 diabetes. Both versions result in the pancreas producing little or no insulin (a hormone needed to allow sugar to enter cells to produce energy).

Traditionally, diabetics are treated with insulin injections to supplement the lower amounts in the bloodstream. Perhaps there is some invention-in-waiting that is less painful/intrusive than injections? Or maybe you could invent an "insulin pill" that slowly releases insulin over the day? An insulin patch?

Medical Device Patents and Antibiotics

Nearly 100,000 people a year die from antibiotic resistant infections in the United States alone. And doctors are fearing it's only going to become more common.

The reason? Antibiotics are losing their potency.

Here’s why, human beings are a vastly complex creature. We have multiple systems for pumping blood, breathing air and sending electrical systems back and forth. Bacteria are so primitive they don’t even have a nucleus.

Our complexity betrays us. The simple antibiotics we’ve used for the last half century have prompted bacteria to evolve. To develop biological countermeasures that are rendering antibiotics harmless. This wouldn’t be a problem if we were still discovering new antibiotics. But the vast majority of antibiotics were developed over twenty years ago.

What can inventors do?

Inventing new antibiotics is NOT the answer.

I think the more lucrative area for inventors is preventing bacterial infection in the first place (if you’ve seen the explosion in antibacterial products over the last twenty years, then you know what I’m talking about).

More and more people will be scared by news accounts of these new “super-bugs” and will look for different ways to protect themselves.

That’s it for part two of this article. In part three we will look at the growing threat of cancer, and where the most help is needed…and…why you might want to consider how to help seniors live out their golden years.

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Fifteen years practicing patent law, and I’ve seen hundreds of medical device ideas and patents pass through my office.

The nice thing about seeing all of these innovations in the early stages of development is watching how they grow and make a huge impact in the industry. How they ride trends and break ground on new ones.

Seeing as how this is a New Year and a New Decade, I thought I’d take a crack at guessing what the next biggest trends in medical device technology will be over the next few years.

I started by spending a few hours researching the hard numbers on some of the biggest health problems affecting American’s today. Then I took a stab at what I think is to come. Hopefully this will shed a little light to where new inventions will have the biggest impact (and where inventors will find the biggest opportunities).

Keep in mind these are just my best guesses. I may hit the nail on the head or my crystal ball may turn out to be a little fuzzy. Let’s begin with one of the biggest epidemics of the past fifty years.

Medical Device Patents and Obesity

According to CBS News, Americans spend about $35 billion a year on weight loss products.

And that number is sure to grow. The following chart shows the rate of increase of overweight and obese Americans since 1960. If you look closely you'll see that obesity has risen from about 12% of the population in 1960 to over 30% today!

Meanwhile, overweight individuals have hovered at about 30%.

What this means is that more and more people will be looking for creative solutions to lose weight.

So, where are the opportunities for inventors?

Obviously, products that help people lose weight. There are thousands of patents for different exercise machines and the market is littered with trademarked diet schemes and marketing approaches.

Also, I believe there will be more products that promise to keep the weight off in the first place. For example, at my local grocery store they sell a version of an avocado called a "slim-cado". It has about half the fat of a regular avocado. I'm not sure how they did this, but it sounds like a candidate for a patentable procedure.

And of course there are the drastic procedures like gastric-bypass which uses specialty medical device patented tools that could be improved.

And the market for medical device patents doesn't stop here. The growing obesity epidemic will create an even greater need for patents in other areas of medicine.

Medical Device Patents and Heart Disease

Heart disease accounts for roughly 616,067 per year, giving it the dubious distinction of being the leading cause of death in the U.S. The surprising thing about this number is that it is just a fraction of how many lives were predicted to be lost to heart disease.

Why is this?

Maybe it’s greater awareness of the hazards of smoking. Dietary changes. Or more exercise.

I think it’s because of greater funding for treatments and cures. A quick web search will return thousands of charities and donations that host venues to raise money for heart disease.

With that in mind, I believe research and development into medical devices to treat heart disease should be big business for years to come. And then of course there are the patents on the inventions and improvements to surgery devices (think stents for coronary artery blockage).

And don’t forget about post-surgery needs. The average hospital stay after heart surgery is 5-7 days. During this time there are all sorts of tubes, wires and diagnostic equipment involved, all of which can be improved (which I’m sure some smart inventor is working on right now).

In part two of this article we’ll see where the next wave of new medical devices will come from by exploring one of the fastest growing health problems in America…and…the commonly over-abused drug that is quickly losing effectiveness (and is in dire need or replacement).

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The November 22 issue of TIME magazine contained an article any future patent holder would love. The 50 Best Inventions of the Year showcased everything from flying cars to mosquito killing lasers. Here are the best medical patents from the Time Top 50.

Medical Patent #5: Used Cars for Babies

Premature babies have a new ally...junkyards. The NeoNurture incubator utilized old car parts to make functioning incubators for newborns. Headlights for heat, a dashboard fan blows air, and it can even be powered by a motorcycle battery. Finally, something useful for a Yugo.

Medical Patent #4: Life

Putting shame to the billions of years it took life to emerge on planet Earth, J. Craig Venter has managed to create life in just 15 years. Using simple off-the-shelf chemicals, Venter managed to reconstruct the genome of a bacterium that divides and replicates just like any other bug. Gloom and doom science fiction writers, sharpen your pencils.

Medical Patent #3: Great News for Smokers

Mixing blood vessels, collagen, stem cells, nutrients and a little science, researchers have created the lifelike tissue that exchanges oxygen and carbon dioxide just like normal lung tissue. Starting with a skeletal rat-lung, the lab grown lungs are powerful to assume 95% of a normal lung's inhaling and exhaling functions. Smokers around the world are encouraged not to hold their breath waiting on human implants.

Medical Patent #2: Replacement for the Wheelchair?

The makers of eLegs exoskeleton have designed an exoskeleton that may help paraplegics to walk again. The exoskeleton is composed of robotic prosthetic legs that use artificial intelligence to mimic a natural human gait. The wearer controls the machine using two crutches. Could this be the first step in a real Iron Man suit?

 Medical Patent #1: Made to Order Organs

Imagine if you could print yourself a brand new heart as easily as you could a weekly status report. That's exactly what San Diego based companies Invetech and Organovo plan will happen with the 3-D Bioprinter. Based off of decades old dot-matrix printer technology, the printer has two printheads – one sprays out a gel that forms the shape of the desired organ...the other fills it in with living cells. Imagine a new liver custom made for you in a week. Alcoholics rejoice!

Do you have an idea that may be in next year's issue of The 50 Best Inventions of the year? You do? Then contact our office toll-free at 1-866-Idea-Attorneys.

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Here's an inspirational story (or a warning) for anyone holding a medical device patent.

A privately held maker of blood-testing equipment for diabetics, has fended off attacks from behemoths Abbott Laboratories ( ABT - news -people ), Roche ( RHHBY.PK - news - people ) andMedtronic ( MDT - news - people ) for 8 years at a cost of $31 million!

Full Story Here - Little Guy Goes Head to Head with Medical Device Giants

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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 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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