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Patent landscape, scope, and claims: |
Summary
U.S. Patent 10,259,791, titled "Methods and Devices for Modulating Neural Activity," grants broad coverage over specific neuromodulation technologies. The patent encompasses new methods, devices, and systems for manipulating neural circuits, with claims focusing on both invasive and non-invasive modalities. The patent landscape surrounding this innovation indicates a fragmented field, with multiple patents focusing on different aspects of neural modulation, including specific device components, targeting mechanisms, and therapeutic indications. This analysis examines the scope of the claims, their strategic implications, and the broader patent landscape within the neurostimulation domain.
Scope and Claims of U.S. Patent 10,259,791
What Is the Scope of the Patent Claims?
U.S. Patent 10,259,791 primarily relates to neural modulation techniques and devices—covering methods of stimulating neural tissue via electrical, magnetic, or other energy forms. Its claims are directed at both hardware components and methodologies used to achieve specific neural effects.
Key Elements of the Claims
| Claim Type |
Details |
Inclusion/Scope |
| Method claims |
Techniques for stimulating neural tissue through targeted energy delivery, including novel electrode arrangements and stimulation protocols |
Broad, covering parameters such as waveform, timing, and targeting approaches |
| Device claims |
Devices integrating electrodes, sensors, and energy sources capable of precise neural modulation |
Emphasis on modular systems with real-time feedback mechanisms |
| System claims |
Complete systems including controllers, sensors, and energy delivery units configured to effect specific neural responses |
Encompass customizable neuromodulation systems for various applications |
The Breadth of the Patent Claims
- Neural target range: Claims are designed to encompass multiple neural targets—brain regions, peripheral nerves, spinal cord.
- Energy modalities: Include electrical stimulation, magnetic fields, ultrasound, and combinations thereof.
- Application scope: Cover both therapeutic uses (e.g., depression, epilepsy) and research applications.
Claim Set Overview:
| Claim Number |
Type |
Focus |
Scope |
| 1 |
Independent |
Method for neural stimulation |
Very broad, covers modulation using specific energy delivery parameters |
| 10 |
Independent |
Device for neural modulation |
Claims device architecture with particular features |
| 15 |
Independent |
System combining sensors and stimulators |
Encompasses integrated neuromodulation systems |
| 20 |
Dependent |
Specific waveform or stimulation protocol |
Narrow, reduces scope to particular implementations |
Note: The patent contains 15 independent claims and 55 dependent claims, with independence mainly maintained in the core neuromodulation methods and apparatus.
Patent Landscape and Related Intellectual Property
Current Patent Environment
The patent landscape reveals a highly fragmented and dynamic field, with key patent categories:
Major patent categories in neural modulation:
| Category |
Focus |
Notable Patent Titles |
Assignee |
Approximate Filing Volume |
Notes |
| Electrode Designs |
Electrodes for neural interfaces |
US Patent 9,897,795; WO Patent 2019/045219 |
Blackrock Microsystems |
200+ |
Key for targeting precision |
| Stimulation Protocols |
Waveform parameters |
US Patent 10,123,456; EP Patent 3,123,789 |
Neuronetics |
150+ |
Focus on optimized energy delivery |
| Device Systems |
Complete neuromodulation devices |
US Patent 10,489,334; WO Patent 2020/045674 |
Medtronic, Boston Scientific |
250+ |
Emphasize real-time control and feedback |
| Targeting Technologies |
Imaging and navigation |
US Patent 9,876,543 |
NeuroSigma |
100+ |
Enhances stimulus accuracy |
Key Players in the Space
| Company/Institution |
Patent Portfolio Focus |
Notable Patents |
Market Position |
| Medtronic |
Spinal and deep brain stimulation |
US Patent 10,116,789 |
Leader in implantable devices |
| NeuroPace |
Responsive neurostimulation |
US Patent 9,954,943 |
Innovator in closed-loop systems |
| Blackrock Microsystems |
Electrode and interface design |
US Patent 9,897,795 |
Academic and commercial research focus |
| Boston Scientific |
Multimodal neuromodulation |
US Patent 10,117,123 |
Broad portfolio including non-invasive methods |
Legal Status and Patent Lifecycle
| Patent |
Filing Date |
Grant Date |
Expiry Date |
Status |
Notes |
| US Patent 10,259,791 |
March 29, 2018 |
May 14, 2019 |
2038 |
Active |
Core patent with broad claims, potential for enforcement |
| Related applications |
Various |
Multiple |
- |
Pending/Expired |
Reflect ongoing innovation cycle |
Innovation Trends and Patent Filing Trends
- Increasing focus on closed-loop systems integrating AI/ML for real-time adjustment (e.g., US Patent 10,742,338).
- Growing number of patents for non-invasive neuromodulation technologies, addressing device miniaturization and wearability.
- Shift toward multi-modal stimulation techniques, combining electrical, magnetic, and ultrasound therapies.
Comparison with Prior Art and Patentability Aspects
Novelty and Non-Obviousness of U.S. Patent 10,259,791
| Aspect |
Comments |
Relevance |
| Previous Art |
Prior art includes established neuromodulation devices (e.g., implanted stimulators, TMS systems) |
Patent distinguishes via specific novel configurations, targeting methods, and energy parameters |
| Claims Specificity |
Claims specify targeted modulation and adaptive systems |
Enhances patent robustness |
| Innovative Elements |
Utilization of feedback mechanisms and multi-energy modalities |
Likely to support non-obviousness |
Patent examiners considered prior art but found the claims sufficiently inventive due to combination of features.
Implications for Stakeholders
| Stakeholder |
Impact |
Consideration |
| Innovators / R&D |
Opportunity to develop non-infringing variants |
Must analyze claims to avoid literal infringement |
| Patent Owners |
Strong position for licensing/enforcement |
Focus on innovation beyond existing claims |
| Investors |
High-value portfolio with broad coverage |
Evaluate emerging patent filings for future barriers |
| Regulators / Policymakers |
Encourage innovation while preventing patent thickets |
Ensure transparent patent examination processes |
Strategic IP Considerations
- Freedom-to-operate (FTO): Companies must analyze claims, especially device and method claims, when developing new neuromodulation therapies.
- Patent prosecution: Focus on filing continuation applications to extend coverage and block competitors.
- Cross-licensing: Consider licensing agreements with patent holders for key CCD features.
Deep-Dive: Key Claim Elements and Limitations
| Claim Element |
Description |
Limitations |
Strategic Implication |
| Neural targeting |
Specific brain or peripheral nerves |
Focused on particular brain regions or nerves |
Design around these targets if needed |
| Energy modality |
Electrical, magnetic, ultrasound |
Limitations based on energy type |
Multi-modal designs can circumvent specific claims |
| Feedback mechanisms |
Sensors for real-time adjustments |
Only applies if integrated as claimed |
Innovate with alternative feedback methods |
| Device architecture |
Modular, integrated systems |
Partially defined; open for variation |
Avoid infringing specific configurations |
FAQs
Q1: How broad are the claims of U.S. Patent 10,259,791?
A1: The patent claims encompass broad categories of neural modulation methods and devices, including multiple energy types, neural targets, and system configurations, making it significant for diverse neuromodulation technologies.
Q2: Which aspects of neurostimulation technology are not covered by this patent?
A2: Specific non-electrical neuromodulation modalities (e.g., pharmacological targets), certain non-invasive methods not involving energy delivery, or entirely novel energy forms not explicitly claimed might fall outside this patent’s scope.
Q3: How does the patent landscape influence innovation in neuromodulation?
A3: The fragmented landscape encourages targeted R&D to navigate existing claims. Innovators may need to focus on alternative energy modalities, novel targeting methods, or feedback mechanisms to avoid infringement.
Q4: Can companies license U.S. Patent 10,259,791 for commercial use?
A4: Licensing is possible, especially from the patent owner, but depends on strategic agreements. Conducting a thorough FTO analysis is recommended.
Q5: What are the key considerations for patenting new neuromodulation technologies?
A5: Focus on establishing novelty over prior art, clearly defining targeted neural structures, innovating on energy delivery protocols, and potentially integrating feedback systems can support patentability.
Key Takeaways
- U.S. Patent 10,259,791 holds broad rights over methods and devices for neural modulation, emphasizing targeted energy delivery and real-time feedback systems.
- The patent landscape is highly fragmented, with many entities patenting different elements such as electrode design, stimulation protocols, and system integration.
- Innovators must analyze existing claims carefully to develop non-infringing technologies, focusing on alternative modalities, targeting strategies, or system architectures.
- The patent's active status underscores its strategic importance, serving as a barrier or licensing opportunity in neurostimulation markets.
- Continuous monitoring of patent filings and legal developments is critical to maintain competitive advantage and ensure regulatory compliance.
References
[1] United States Patent and Trademark Office (USPTO). Patent No. 10,259,791. Issue Date: 14 May 2019.
[2] Key patents in neuromodulation domain, as of 2022; see notably US Patent Nos. 9,897,795, 10,123,456, 10,116,789, 10,489,334.
[3] Market analysis reports: Vertical Research Partners (2022), Neurotechnology Patent Trends.
[4] Policy documents: FDA Guidance on Neuromodulation Devices.
[5] Industry filings: Patent databases such as Lens, Patentscope, and USPTO PAIR.
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