United States Patent 10,926,054: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
United States Patent 10,926,054, titled "Systems and devices for generating nitric oxide," is a significant innovation in the field of medical devices. This patent, assigned to a yet unspecified entity, outlines novel systems and devices designed to generate nitric oxide, a crucial gas with various medical applications. Here, we delve into the scope, claims, and the broader patent landscape surrounding this invention.
Background and Context
Nitric oxide (NO) is a vital molecule in medical treatments, particularly in respiratory and cardiovascular therapies. Its generation and delivery are critical for therapeutic efficacy. The patent in question addresses the need for efficient, reliable, and safe NO generation systems.
Scope of the Patent
Overview of the Invention
The patent describes various systems and devices for generating nitric oxide. These devices are designed to convert nitrogen dioxide (NO2) or other related gases into nitric oxide through a porous solid matrix coated with an antioxidant solution[4].
Key Components
- Porous Solid Matrix: The device features a porous solid matrix, typically made from a mixture of surface-activated materials like silica gel and thermoplastic resins. This matrix is sintered at high temperatures to form a rigid and durable structure[4].
- Gas Source and Conversion: The system includes a gas source containing NO2, dinitrogen tetraoxide (N2O4), or NO. This gas flows through the porous solid matrix, where it is converted into nitric oxide[4].
- Device Design: The device, often referred to as a NO generation cartridge, has an inlet and outlet configured to engage with gas plumbing lines or other components such as gas tanks, regulators, and patient interfaces[4].
Claims of the Patent
Independent Claims
The patent includes several independent claims that define the scope of the invention:
- Claim 1: Describes the device with a body having an inlet and outlet, and a porous solid matrix coated with an antioxidant solution positioned between the inlet and outlet[4].
- Claim 5: Specifies the porous solid matrix as a mixture of surface-activated material and thermoplastic resins, sintered to form a porous structure[4].
Dependent Claims
Dependent claims further detail specific aspects of the invention, such as:
- Claim 6: Describes the inlet and outlet configurations, including threads or specially designed fittings to engage with other components[4].
- Claim 7: Outlines the use of the device in any orientation due to the rigid structure of the porous solid matrix[4].
Patent Landscape
Related Patents
The patent landscape for NO generation devices is diverse and includes several related patents:
- US Patent 7,407,632: Describes a lightweight, portable, reusable oxygen generator, which, although different in purpose, shares some similarities in design principles such as the use of reaction chambers and humidifiers[5].
- Other NO Generation Patents: Various other patents focus on different methods of NO generation, such as using different catalysts or reaction mechanisms. These patents collectively contribute to the evolving technology in this field.
Market Value and Licensing
The value of patents in the medical device sector can be substantial. For instance, the acquisition of Motorola Mobility by Google for $12.5 billion, which included 24,500 patents, highlights the significant value placed on intellectual property in this field. The median asking price for a patent family can range from $250,000 to $1 million, depending on the market and the specific technology[1].
Economic and Legal Implications
Patent Valuation
The valuation of patents like US 10,926,054 can be approached through cost, income, and market methods. The income approach, which considers the future benefits of the patent, is particularly relevant for medical devices with significant therapeutic potential[1].
Legal Considerations
Patent validity and infringement are critical legal considerations. The case of Allergan USA, Inc. v. MSN Laboratories Private Ltd. illustrates the complexities of patent validity, particularly in the context of obviousness-type double patenting and the determination of patent terms based on priority dates[2].
Industry Impact
Therapeutic Applications
The generation of nitric oxide has several therapeutic applications, including the treatment of respiratory diseases such as pulmonary hypertension and acute respiratory distress syndrome. The efficiency and reliability of NO generation devices can significantly impact patient outcomes.
Competitive Landscape
The competitive landscape in the medical device industry is highly dynamic. Companies investing in innovative technologies like NO generation devices are positioned to gain a competitive edge. This patent contributes to the ongoing innovation in this sector, potentially influencing future developments and market strategies.
Future Directions
Technological Advancements
Future advancements in NO generation technology may focus on improving the efficiency of the conversion process, enhancing the durability of the devices, and expanding the range of therapeutic applications.
Regulatory Considerations
Regulatory approvals and compliance are crucial for the commercialization of medical devices. The patent holder must navigate these regulatory pathways to bring the device to market.
Key Takeaways
- Innovative Design: The patent introduces a novel design for NO generation using a porous solid matrix coated with an antioxidant solution.
- Therapeutic Potential: The device has significant therapeutic potential, particularly in respiratory and cardiovascular treatments.
- Patent Landscape: The patent is part of a broader landscape of medical device innovations, with substantial economic and legal implications.
- Future Directions: Future developments may focus on improving efficiency, durability, and expanding therapeutic applications.
FAQs
Q: What is the primary purpose of the device described in US Patent 10,926,054?
A: The primary purpose is to generate nitric oxide (NO) from nitrogen dioxide (NO2) or other related gases through a porous solid matrix.
Q: How does the porous solid matrix contribute to the device's functionality?
A: The porous solid matrix, made from surface-activated materials and thermoplastic resins, converts NO2 into NO and provides a rigid structure suitable for various orientations and handling conditions.
Q: What are some potential therapeutic applications of the NO generation device?
A: The device can be used in treating respiratory diseases such as pulmonary hypertension and acute respiratory distress syndrome.
Q: How is the value of a patent like US 10,926,054 typically determined?
A: The value can be determined using cost, income, and market methods, with the income approach being particularly relevant for medical devices with significant future benefits.
Q: What are some legal considerations for patents in the medical device sector?
A: Legal considerations include patent validity, infringement, and compliance with regulations such as those related to obviousness-type double patenting and patent term determinations.
Sources
- The Value of a Patent - Perpetual Motion Patents
- Allergan USA, Inc. v. MSN Laboratories Private Ltd. - CAFC
- Patent Claims Research Dataset - USPTO
- Systems and devices for generating nitric oxide - Google Patents
- US-7407632-B2 - Unified Patents Portal
