|
|
Post by harrys on Oct 2, 2015 16:31:38 GMT -5
|
|
|
|
Post by mbseeking on Oct 2, 2015 21:22:11 GMT -5
If I've read this correctly, and understand it correctly , then what MNKD has is provisional patent in the US, published and protected WW under the provisions of WIPO. To gain full legal protection over the next year or so , MNKD will need to complete the patent process in the US (covers the US) and initiate / complete it whichever countries / regions WW that it wishes. Ultimately, it will have to do this in every individual country that it seeks protection , but the WIPO process will give them some time to do that , and save a little on the expense (reformatting , language translation etc) . In my view: It's expected that Mannkind would have a patent application underway (this is just the first visible detail) . What's interesting is the scope. It's not just limited to Dreamboat but also includes ultra fast acting insulin and the methods it may be used to improve diabetes. Al has talked about this (Sam F certainly has ) but this positively states the company thinks it has something much more than just a new way to administer insulin. The WIPO piece is interesting , but not so important. Signals that MNKD wants to go WW , but they will likely still have to pick key countries in the years to come that they want patent protection. The US patent systems is looking for novelty , utility and non-obviousness. Provisional status means its on the way in the US , but not quite complete - there may be some exchanges between patent office and MNKD's patent attorney until the final patent is issued. The patent office is not testing for efficacy, which is what bodies such as FDA are looking in their regulation regime. What we have here is a strong signal from MNKD that they believe they have something much bigger than a new mechanical way to deliver insulin. And at least one patent office , the US , agrees their application is novel , useful , and not obvious (i.e. it took some special knowledge to connect it all up) . We still have a big disconnect with what was proven in the original FDA trials (and now on the box labels and limits advertising) , but this patent application certainly scopes all the trials that Sanofi could/should be setting up. Sam Finta (afrezzauser) says Afrezza is a whole new way to treat diabetes. This patent application confirms that. We need Sanofi to put the pieces together correctly with the FDA (and in the other countries) so they can market it this way. |
|
|
|
Post by harrys on Oct 2, 2015 21:39:00 GMT -5
If I've read this correctly, and understand it correctly , then what MNKD has is provisional patent in the US, published and protected WW under the provisions of WIPO. To gain full legal protection over the next year or so , MNKD will need to complete the patent process in the US (covers the US) and initiate / complete it whichever countries / regions WW that it wishes. Ultimately, it will have to do this in every individual country that it seeks protection , but the WIPO process will give them some time to do that , and save a little on the expense (reformatting , language translation etc) . In my view: It's expected that Mannkind would have a patent application underway (this is just the first visible detail) . What's interesting is the scope. It's not just limited to Dreamboat but also includes ultra fast acting insulin and the methods it may be used to improve diabetes. Al has talked about this (Sam F certainly has ) but this positively states the company thinks it has something much more than just a new way to administer insulin. The WIPO piece is interesting , but not so important. Signals that MNKD wants to go WW , but they will likely still have to pick key countries in the years to come that they want patent protection. The US patent systems is looking for novelty , utility and non-obviousness. Provisional status means its on the way in the US , but not quite complete - there may be some exchanges between patent office and MNKD's patent attorney until the final patent is issued. The patent office is not testing for efficacy, which is what bodies such as FDA are looking in their regulation regime. What we have here is a strong signal from MNKD that they believe they have something much bigger than a new mechanical way to deliver insulin. And at least one patent office , the US , agrees their application is novel , useful , and not obvious (i.e. it took some special knowledge to connect it all up) . We still have a big disconnect with what was proven in the original FDA trials (and now on the box labels and limits advertising) , but this patent application certainly scopes all the trials that Sanofi could/should be setting up. Sam Finta (afrezzauser) says Afrezza is a whole new way to treat diabetes. This patent application confirms that. We need Sanofi to put the pieces together correctly with the FDA (and in the other countries) so they can market it this way. I believe you are correct in your interpretation of WIPO process and reason for submitting. From what I understand this submission is a placeholder or a provisional patent among the countries that abide by the "Patent Cooperation Treaty". This no doubt sets the stage for overseas submission but I don't believe it gives any clues as far as timing and I would reserve my enthusiasm based on this development. |
|
|
|
Post by slapshot on Oct 3, 2015 5:33:46 GMT -5
The last few posts are on the right track. I'm not an expert in international patent practice, but from what i understand, i can see that Mannkind filed a provisional application in the US on March 28, 2014 and followed up with a PCT (Patent Cooperation Treaty) application March 27, 2015 and designated several foreign countries (states). The EPO (European Patent Office) conducted a search (attached at the bottom of the document) and found one 'X' reference which is thought to anticipate the claims and three 'A' documents which are merely related. The 'X' document they found was a prior Mannkind PCT published in 2010 as a WO document. As standard practice, this was published 18 months after the filing. It is not a patent grant.
I don't believe this application carries any actual weight but serves as a disclosure and provides an avenue for Mannkind to file patent applications in any/all of the designated countries. Just having the document published helps protect them by preventing others from trying to patent this method and actually blocking Mannkind from doing it.
I could be wrong, but i dont think they followed up their US provisional application with a US utility application (they would have had to do this within one year of their provisional).
|
|
|
|
Post by peppy on Oct 3, 2015 7:39:43 GMT -5
If I've read this correctly, and understand it correctly , then what MNKD has is provisional patent in the US, published and protected WW under the provisions of WIPO. To gain full legal protection over the next year or so , MNKD will need to complete the patent process in the US (covers the US) and initiate / complete it whichever countries / regions WW that it wishes. Ultimately, it will have to do this in every individual country that it seeks protection , but the WIPO process will give them some time to do that , and save a little on the expense (reformatting , language translation etc) . In my view: It's expected that Mannkind would have a patent application underway (this is just the first visible detail) . What's interesting is the scope. It's not just limited to Dreamboat but also includes ultra fast acting insulin and the methods it may be used to improve diabetes. Al has talked about this (Sam F certainly has ) but this positively states the company thinks it has something much more than just a new way to administer insulin. The WIPO piece is interesting , but not so important. Signals that MNKD wants to go WW , but they will likely still have to pick key countries in the years to come that they want patent protection. The US patent systems is looking for novelty , utility and non-obviousness. Provisional status means its on the way in the US , but not quite complete - there may be some exchanges between patent office and MNKD's patent attorney until the final patent is issued. The patent office is not testing for efficacy, which is what bodies such as FDA are looking in their regulation regime. What we have here is a strong signal from MNKD that they believe they have something much bigger than a new mechanical way to deliver insulin. And at least one patent office , the US , agrees their application is novel , useful , and not obvious (i.e. it took some special knowledge to connect it all up) . We still have a big disconnect with what was proven in the original FDA trials (and now on the box labels and limits advertising) , but this patent application certainly scopes all the trials that Sanofi could/should be setting up. Sam Finta (afrezzauser) says Afrezza is a whole new way to treat diabetes. This patent application confirms that. We need Sanofi to put the pieces together correctly with the FDA (and in the other countries) so they can market it this way. Provisional status means its on the way in the US , but not quite complete one patent office , the US , agrees their application is novel , useful , and not obvious (i.e. it took some special knowledge to connect it all up)
Do I understand correctly, this is a provisional US patent? screencast.com/t/KwI1OggtsVg
Thank you
|
|
|
|
Post by slapshot on Oct 3, 2015 8:06:43 GMT -5
Peppy, I believe that you are basically correct, except that the US provisional application is 61/972,159, as listed on the WIPO publication under (30) Priority data and it just serves as a place holder. In order to get a patent granted they must follow up by filing an actual (utility) patent application. Also, i said earlier that Mannkind had 12 months to follow up their provisional application with a utility application filing, which was true but since they timely filed the PCT, i believe that they could now file a US application through the international application (PCT) and i think they may have another 12 months to do so. If I've read this correctly, and understand it correctly , then what MNKD has is provisional patent in the US, published and protected WW under the provisions of WIPO. To gain full legal protection over the next year or so , MNKD will need to complete the patent process in the US (covers the US) and initiate / complete it whichever countries / regions WW that it wishes. Ultimately, it will have to do this in every individual country that it seeks protection , but the WIPO process will give them some time to do that , and save a little on the expense (reformatting , language translation etc) . In my view: It's expected that Mannkind would have a patent application underway (this is just the first visible detail) . What's interesting is the scope. It's not just limited to Dreamboat but also includes ultra fast acting insulin and the methods it may be used to improve diabetes. Al has talked about this (Sam F certainly has ) but this positively states the company thinks it has something much more than just a new way to administer insulin. The WIPO piece is interesting , but not so important. Signals that MNKD wants to go WW , but they will likely still have to pick key countries in the years to come that they want patent protection. The US patent systems is looking for novelty , utility and non-obviousness. Provisional status means its on the way in the US , but not quite complete - there may be some exchanges between patent office and MNKD's patent attorney until the final patent is issued. The patent office is not testing for efficacy, which is what bodies such as FDA are looking in their regulation regime. What we have here is a strong signal from MNKD that they believe they have something much bigger than a new mechanical way to deliver insulin. And at least one patent office , the US , agrees their application is novel , useful , and not obvious (i.e. it took some special knowledge to connect it all up) . We still have a big disconnect with what was proven in the original FDA trials (and now on the box labels and limits advertising) , but this patent application certainly scopes all the trials that Sanofi could/should be setting up. Sam Finta (afrezzauser) says Afrezza is a whole new way to treat diabetes. This patent application confirms that. We need Sanofi to put the pieces together correctly with the FDA (and in the other countries) so they can market it this way. Provisional status means its on the way in the US , but not quite complete one patent office , the US , agrees their application is novel , useful , and not obvious (i.e. it took some special knowledge to connect it all up)
Do I understand correctly, this is a provisional US patent? screencast.com/t/KwI1OggtsVg
Thank you
|
|
|
|
Post by strongsfund on Oct 6, 2015 8:13:07 GMT -5
This is old data. Section [0023] "embodiments delivery is facilitated by use of a unit dose inhaler such as the MEDTONE® inhaler system (MannKind Corp.)"
|
|
