Medical Patent Opportunities in Knee Joint Protection

Photo Morgana / Corbis    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.

Warning for Patents Using Persulfate

    Medical patent attorneys and patent holders/seekers: Beware if you are using persulfate.

    According to an article in the Los Angeles Times on February 26, 2008, the FDA has issued a warning that some consumers are allergic to their denture cleaners. More specifically, the culprit appears to be a bleach called persulfate, present in most denture cleansers. Seventy-three people were ill, and one person died after using their dental cleaner, even those who'd never before--in years of use--exhibited allergic reactions. While some of the reactions were attributed to misuse, others were in response to typical, approved usage.

    As a medical patent attorney with clients who use a variety of chemicals and ingredients in their products, I want to share this information with anyone considering persulfate in their formulations. Additionally, I cannot help but think of the opportunities this unfortunate turn of events may hold.

    Likely, denture cleansers will have to be reformulated without persulfate. And, in the context, of increasing consumer allergies, there may well be an opportunity to create more natural alternatives in this category. If anyone has an idea in this or another regard, I'm happy to provide this medical patent attorney's perspective. (866) 433-2288.

Medical Patent Seekers Breathe Sigh of Relief

   (HealthTech Wire, February 11, 2008) Medical patent seekers--and patent seekers in other communities for that matter--are relieved by the rejection of  section 4 of the Patent Reform Act of 2007, which would have limited penalties for patent infringement.

    In response to last week's letter from the Department of Commerce explaining their agreements and disagreements with the Patent Reform Act, general counsel for the Advanced Medical Technology Association Christopher White issued a statement applauding the rejection of section 4.

    "AdvaMed applauds the Department of Commerce's continued support for a strong patent system, which allows America's medical technology industries to innovate tomorrow's life-saving, life-enhancing treatments." White continued, speaking out against the language in the Patent Reform Act, which he (and many others) believe would "reduce the incentive to innovate" and "may actually encourage patent infringement."

    In describing the importance of the role of innovating in the medical field, White described the medical technology industry as a "highly innovative" one that "brings tremendous value to patients through short life-cycles and rapidly improving technology." He further explained that even tiny innovations can "significantly advance the safety and effectiveness" of a particular medical device.

    As a medical patent attorney, I've seen the difference small improvements to medical technology and devices can make. Moreover, as an ardent supporter of continual innovation, I, too, am relieved that the patent system will retain its integrity and strength.

Medical Patent Opportunities in Bloodless Solutions

    (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.

Patent Approved for Hythiam's Alcohol Treatment Program

       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.