United States Patent 9,687,487: A Detailed Analysis of Scope and Claims
Introduction
The United States Patent 9,687,487, titled "Aerosol forming device for use in inhalation therapy," is a significant innovation in the field of medical devices, particularly those used for delivering aerosolized medications. This patent, granted to inventors who have developed a device to form drug-containing aerosols, is crucial for understanding the current state and future directions of inhalation therapy technology.
Background of the Patent
Publication and Legal Status
The patent was published under the number US9687487B2, with a prior art date indicating the initial filing of the patent application. The legal status of the patent is important, as it determines its validity and enforceability. However, as of the current date, the patent's status would need to be verified through the USPTO database, as the legal status provided by Google Patents is an assumption and not a legal conclusion[1].
Inventorship and Patent Ownership
Determining True and Only Inventors
In the United States, patent law requires that only the true and only inventors be listed on a patent application. This is a critical aspect to ensure the patent's enforceability. The process involves the conception of the idea and the reduction of the idea to practice, which must be attributed to the correct individuals[2].
Scope of the Patent
Claims and Description
The patent claims describe an aerosol forming device designed for use in inhalation therapy. This device is engineered to produce aerosols containing small particles of a drug, which are then inhaled by the patient. The claims outline the specific components and functionalities of the device, including the mechanism for forming the aerosol and the delivery system.
Key Components
- Drug Container: The device includes a container that holds the drug to be aerosolized.
- Aerosol Formation Mechanism: This mechanism is responsible for converting the drug into an aerosol state.
- Delivery System: The system ensures the aerosol is delivered to the patient in an effective manner.
Technical Details
Aerosol Formation Process
The patent details the process of forming aerosols, which involves the interaction of the drug with a gas or air stream. This process is optimized to produce aerosol particles of a specific size, ensuring they are suitable for inhalation therapy.
Safety and Efficacy
The device is designed with safety and efficacy in mind. It includes features to ensure consistent aerosol production and delivery, which are critical for the effective treatment of respiratory conditions.
Patent Landscape
Related Patents and Technologies
The patent landscape in the field of inhalation therapy devices is complex and evolving. Other patents and technologies related to aerosol delivery systems are continually being developed and improved. For instance, advancements in particle size control and delivery mechanisms are areas of active research and innovation.
Competitive Analysis
Companies and researchers in the pharmaceutical and medical device industries are actively developing new technologies to improve inhalation therapy. This patent positions its inventors and assignees within a competitive market, where innovation and patent protection are key to market dominance.
Legal and Regulatory Considerations
Patent Eligibility
Patent eligibility under 35 U.S.C. ยง 101 is a critical consideration. The patent must be directed to patent-eligible subject matter and must not be an abstract idea without an inventive step. The Court of Appeals for the Federal Circuit has addressed numerous cases related to patent eligibility, emphasizing the importance of ensuring that patents meet these criteria[5].
Enforcement and Litigation
Patent enforcement and potential litigation are significant aspects of patent ownership. The patent holder must be prepared to defend the patent against challenges and ensure that it is not infringed upon by others.
Economic Impact
Market Potential
The economic impact of this patent is substantial, given the growing demand for effective inhalation therapy devices. The market potential is significant, especially in treating chronic respiratory conditions such as asthma and COPD.
Research and Development
The patent also drives further research and development in the field. By protecting the intellectual property of the inventors, it incentivizes continued innovation and improvement in aerosol delivery systems.
Historical Context
Evolution of Inhalation Therapy
Inhalation therapy has a long history, with early patents dating back to the 19th century. The evolution of these devices has been marked by significant advancements in technology, from simple inhalers to sophisticated aerosol delivery systems. This patent represents a continuation of this evolutionary process[4].
Future Directions
Technological Advancements
Future directions in inhalation therapy are likely to include further technological advancements, such as the integration of AI and IoT technologies to enhance device performance and patient outcomes.
Regulatory Changes
Changes in regulatory frameworks can also impact the development and use of these devices. Patent holders must stay abreast of these changes to ensure compliance and maintain market relevance.
Key Takeaways
- Innovative Device: The patent describes an innovative aerosol forming device for inhalation therapy.
- Critical Components: The device includes a drug container, aerosol formation mechanism, and delivery system.
- Safety and Efficacy: The device is designed with safety and efficacy in mind.
- Competitive Market: The patent positions its inventors within a competitive market.
- Legal and Regulatory Considerations: Ensuring patent eligibility and compliance with regulatory frameworks is crucial.
- Economic Impact: The patent has significant market potential and drives further research and development.
FAQs
What is the main purpose of the aerosol forming device described in US Patent 9,687,487?
The main purpose of the device is to form drug-containing aerosols for use in inhalation therapy, ensuring effective delivery of medications to patients.
Who are considered the true and only inventors for a patent in the United States?
In the United States, the true and only inventors are those who conceived the idea and reduced it to practice, as defined by US patent law[2].
How does the patent landscape impact the development of inhalation therapy devices?
The patent landscape influences the development of inhalation therapy devices by protecting intellectual property, driving innovation, and ensuring compliance with regulatory frameworks.
What are the key components of the aerosol forming device?
The key components include a drug container, an aerosol formation mechanism, and a delivery system.
How does the economic impact of this patent manifest?
The economic impact is significant due to the growing demand for effective inhalation therapy devices, driving market potential and further research and development.
Sources
- US9687487B2 - Aerosol forming device for use in inhalation therapy - Google Patents
- Determining Inventorship for US Patent Applications - Oregon State University
- Patent Claims Research Dataset - USPTO
- How to Search for an Historical U.S. Patent - NYPL Libguides
- AI VISUALIZE, INC. v. NUANCE COMMUNICATIONS, INC. - Court of Appeals for the Federal Circuit
