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Last Updated: December 23, 2024

Details for Patent: 10,765,820


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Summary for Patent: 10,765,820
Title:Dry powder inhalation apparatus
Abstract: A dry powder inhalation apparatus includes a housing, a reservoir for medicament located within the housing, a mouthpiece disposed on the housing for insertion in the mouth of a user for inhalation of a predetermined dose of medicament, a delivery channel between a discharge outlet of the reservoir and the mouthpiece for delivering the predetermined dose of medicament, a device positioned within the housing and normally held adjacent the reservoir for receiving the predetermined dose of medicament from the discharge outlet and transferring it to the delivery channel, and a release mechanism adapted to release the device and permit controlled movement thereof to the delivery channel for the delivery, the release mechanism being located at least partially outside of the housing for manual operation by the user.
Inventor(s): Barney; Brian (Essex, GB), O'Leary; David (Essex, GB), Striebig; Rachel (London, GB)
Assignee: NORTON HEALTHCARE LTD. (London, GB)
Application Number:15/235,794
Patent Claim Types:
see list of patent claims
Delivery; Device;
Patent landscape, scope, and claims:

United States Patent 10,765,820: A Detailed Analysis of Scope and Claims

Introduction

The United States Patent 10,765,820, titled "Dry Powder Inhalation Apparatus," is a significant innovation in the field of medical devices, particularly for the delivery of dry powder medications. This patent, granted to an inventor or inventors, outlines a sophisticated apparatus designed to improve the efficacy and user experience of dry powder inhalers.

Overview of the Patent

The patent describes a dry powder inhalation apparatus that includes several key components:

  • Housing: The main body of the device that contains other essential parts.
  • Reservoir: Located within the housing, this is where the medicament (dry powder) is stored.
  • Mouthpiece: Attached to the housing, this is where the user inhales the medicament[1].

Key Components and Mechanisms

Housing and Reservoir

The housing is designed to accommodate a reservoir that holds the dry powder medicament. This reservoir is integral to the functioning of the device, ensuring that the correct dose of medication is delivered to the user[1].

Actuation Mechanism

The patent details various actuation mechanisms that facilitate the delivery of the medicament. These include:

  • Trigger Mechanism: A yoke lower that moves as a trigger is rotated by a mouthpiece cover opening. This trigger has two drop zones, one for compressing a bellows to meter the dose and another for releasing the slide carrier[1].
  • Slide Carrier: Forced across a channel between the hopper upper and hopper lower components by a transfer spring. The slide carrier stops abruptly when it hits the side wall of the hopper upper[1].
  • Abutment Means: Movable to release the device for movement to the delivery channel. This can be actuated by various means, including resilient members, slidable members, detent means, and plunger means[1].

Delivery Channel

The device includes a delivery channel through which the medicament is delivered to the user. The mechanism ensures that the powder is compacted and delivered in the prescribed dosage, avoiding over-delivery due to compaction[1].

Actuation and Release Mechanisms

Manual Actuation

The patent describes manual actuation means, such as:

  • Resilient Member: A one-piece member of J- or U-configuration that is movable to release the device. This member can have a finger-operable tab with indicia for direction of flexing[1].
  • Slidable Member: A member with a tab projecting through a bore in the body of the apparatus, indicating the position of the device through color-coded indicia[1].

Automated Actuation

The device can also be actuated through electrical, electronic, or electro-mechanical means, such as a solenoid actuated by a switch device[1].

Breath Actuable Mechanism

For user convenience and efficiency, the apparatus can be designed as a breath-actuable device. This involves a mechanism between opposed spaced walls of the reservoir that is retractable as the user takes a breath on the mouthpiece. The mechanism includes cooperating rotatable means and a stop member that releases the other rotatable means and the detent upon the user's breath[1].

Claim Scope and Patent Landscape

Importance of Claim Scope

The claim scope in a patent application is crucial for its success and the strength of the granted patent. A common misconception is that broader claims are always better, but in reality, overly broad claims can be more difficult to get granted and easier to invalidate. The claim scope must be anchored to the embodiments in the disclosure to avoid invalidation grounds such as the abstract idea exception and failure to meet the written description requirement[3].

Specific Claims in US10765820B2

The patent includes specific claims that detail the various components and mechanisms:

  • Claim 1: Describes the overall apparatus including the housing, reservoir, and mouthpiece.
  • Dependent Claims: Detail the actuation mechanisms, delivery channel, and breath-actuable features.

These claims are carefully crafted to ensure they are not overly broad, thus avoiding potential invalidation issues.

Legal and Regulatory Considerations

USPTO Guidelines

The U.S. Patent and Trademark Office (USPTO) is responsible for granting U.S. patents and registering trademarks. The USPTO provides guidelines and regulations that patent applicants must follow to ensure their claims are valid and enforceable[2].

Court Decisions and Precedents

Recent court decisions, such as those involving the abstract idea exception, highlight the importance of getting the claim scope right. For example, the Federal Circuit court has ruled that claims directed to abstract ideas without specific means or methods to improve the relevant technology are not patentable[3].

Practical Applications and Benefits

Improved Medication Delivery

The dry powder inhalation apparatus offers several practical benefits, including improved medication delivery. The precise metering and delivery mechanisms ensure that the user receives the correct dose, enhancing the efficacy of the treatment.

User Convenience

The breath-actuable mechanism and various actuation means make the device user-friendly, reducing the complexity and effort required for medication administration.

Industry Impact

Competitive Landscape

The patent landscape in the medical device sector is highly competitive. Patents like US10765820B2 play a crucial role in protecting innovations and giving companies a competitive edge. The detailed claims and mechanisms described in this patent set a high standard for future developments in dry powder inhalation technology.

Future Innovations

This patent paves the way for further innovations in inhalation devices. The sophisticated mechanisms and user-friendly design can be improved upon or integrated into other medical devices, driving advancements in healthcare technology.

Key Takeaways

  • Precise Claim Scope: The patent's claim scope is carefully defined to avoid invalidation issues.
  • Sophisticated Mechanisms: The apparatus includes advanced actuation and delivery mechanisms.
  • User-Friendly Design: The breath-actuable feature and various actuation means enhance user convenience.
  • Regulatory Compliance: The patent adheres to USPTO guidelines and avoids common pitfalls like overly broad claims.
  • Industry Impact: The patent sets a high standard for future innovations in inhalation devices.

FAQs

What is the main purpose of the dry powder inhalation apparatus described in US10765820B2?

The main purpose is to deliver a precise dose of dry powder medicament to the user through an efficient and user-friendly mechanism.

How does the actuation mechanism work in this apparatus?

The actuation mechanism involves a trigger that compresses a bellows to meter the dose and releases the slide carrier to deliver the medicament through the delivery channel.

What are the benefits of the breath-actuable mechanism?

The breath-actuable mechanism makes the device easier to use by retracting the stop member as the user takes a breath, ensuring smooth and efficient medication delivery.

Why is the claim scope important in a patent application?

The claim scope is crucial because it must be balanced to avoid being too broad, which can lead to invalidation, and to ensure it is anchored to the embodiments in the disclosure.

How does this patent impact the medical device industry?

This patent sets a high standard for future innovations in inhalation devices and protects the innovative mechanisms described, giving the patent holder a competitive edge in the market.

Sources

  1. US10765820B2 - Dry powder inhalation apparatus - Google Patents
  2. U.S. Patent and Trademark Office (USPTO) - USAGov
  3. The Importance of Getting the Claim Scope Right in a US Patent Application - Rimon Law

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Drugs Protected by US Patent 10,765,820

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Teva Branded Pharm PROAIR DIGIHALER albuterol sulfate POWDER, METERED;INHALATION 205636-002 Dec 21, 2018 DISCN Yes No 10,765,820 ⤷  Subscribe Y ⤷  Subscribe
Teva Branded Pharm PROAIR RESPICLICK albuterol sulfate POWDER, METERED;INHALATION 205636-001 Mar 31, 2015 RX Yes Yes 10,765,820 ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO DIGIHALER fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-004 Jul 12, 2019 DISCN Yes No 10,765,820*PED ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO DIGIHALER fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-005 Jul 12, 2019 DISCN Yes No 10,765,820*PED ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO DIGIHALER fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-006 Jul 12, 2019 DISCN Yes No 10,765,820*PED ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO RESPICLICK fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-001 Jan 27, 2017 RX Yes No 10,765,820*PED ⤷  Subscribe Y ⤷  Subscribe
Teva Pharm AIRDUO RESPICLICK fluticasone propionate; salmeterol xinafoate POWDER;INHALATION 208799-002 Jan 27, 2017 RX Yes No 10,765,820*PED ⤷  Subscribe Y ⤷  Subscribe
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

Foreign Priority and PCT Information for Patent: 10,765,820

Foriegn Application Priority Data
Foreign Country Foreign Patent Number Foreign Patent Date
United Kingdom0323085.1Oct 2, 2003

International Family Members for US Patent 10,765,820

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Austria 506094 ⤷  Subscribe
Australia 2004279379 ⤷  Subscribe
Canada 2540580 ⤷  Subscribe
Cyprus 1113531 ⤷  Subscribe
Germany 602004032361 ⤷  Subscribe
Denmark 1667627 ⤷  Subscribe
European Patent Office 1667627 ⤷  Subscribe
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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