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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       Consumer interest in organic and natural products—those devoid of harmful environmental toxins—continues to escalate and broaden into more and more categories. Even in the most mainstream areas of the United States, organic products are taking up more and more shelf space, indicating the patenting opportunities for organic solutions are also on the rise.

        According to an article at ScienceCentric.com (December 4,2007), researchers at the Universidat Juate I and the Spanish Research Council know this. They have patented a method for removing pollutants from bivalve mollusks before we consume them. Bivalve mollusks include the shellfish who typically breed in shallow water and filter sea water to gather in nutrients—and pollutants—for instance, clams, mussels, and oysters. Compared to the current techniques of flushing the shellfish with sterile, filtered water or applying hydrostatic pressure, the researchers' patented technique reportedly removes the pollutants much more efficiently, at two to four times the speed and in increasing the mollusks' tolerance for "oxidative stress."

       Environmental toxins have been linked to cancer and certain neurological disorders (e.g., Parkinson's Disease), as well as degenerating other functions within our systems. As these researchers, other scientists and medical practitioners, and entrepreneurs in areas far afield show us, organic solutions are solutions we can use and, in some cases, vitally need. Look into your own field of expertise—what uninvented organic solution might advance our bodies' abilities to develop and/or function? I, for one, would love to know, and, from what I've seen, the world would, too.

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