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Intellectually Smart Devices: Navigating Patent Risks in the Age of Intelligent Inhalers

Attwell G.

RDD Europe 2019. Volume 1, 2019: 123-132.

Abstract:

Advances in inhaler technology present both opportunity and risk to companies in the inhaler field. Clearly, the improved efficacy and patient compliance resulting from smart inhalers is a benefit for all. Intellectual property covering these advances is a significant factor in assessing these opportunities and risks. Companies developing smart inhalers can seek patent coverage to protect their investments and protect against competition. Patents held by third parties, however, pose significant risks. These risks are heightened in technologies where advances are previously unknown or unfamiliar to an unsuspecting party. Some recent advances in the smart inhaler field are presented or, in patent terms, “claimed,” using elements not previously a focus of inhaler technology.

Because of the risk of patent infringement, those in the inhaler field should seek specialized assistance from intellectual property (IP) professionals in performing freedom to operate analyses. In addition to considering third party patents relating to the drug, the drug formulation, and the inhaler itself, IP professionals will need to review other features of your smart inhaler including, but certainly not limited to, sensors, connectivity, microprocessors, and data analysis.