Intellectual Property Management on the Invention of New MRI Contrast Agent-Based on Nano Diamonds - Essay Example

Tutor’s name Student’s name Unit Code Date Intellectual Property Management on the Invention of New MRI Contrast Agent-Based on Nano Diamonds Background Summary and Overview of the Invention Nano diamonds possess admirable optical and mechanical properties. In addition, they are considered non-toxic, which makes them apposite for uses in the biomedical field. These precious substances find applications in drug delivery, engineering of tissues, material fillers for Nano composites, bio-imaging and protein mimic. Technology has allowed the exploration of microscopic levels of the Nano scales which has allowed the use of new MRI contrast agents that are based on Nano diamonds (Brown and Semelka 2003) The invention is on the use of Nanoscale fragments of diamond as contrasting agents in MRI and is based on their unique mechanical, kinetics, optical, thermal properties and surface chemistry. Nanodiamonds are carbon-based particles of about five nanometers diameter and are created through destructive forces (Krause 2002). Their large surface area properties allow them to form very strong bonding forces with a variety of materials. Diamond is very hard and at the same time chemically stable and this makes it an excellent abrasive. Nanodiamond powder equally possesses the functional and abrasive properties; it can create highly polished forms of gels and paste among other substances (Murfee 2003). Nanodiamonds have exceptional absorption rates; normally, they would absorb an ingredient faster than the human skin would without using an additional ingredient. These gems penetrate deep into the skin carrying along the active ingredients such as water. This invention utilizes hyperpolarized Nanodiamonds having long spin relaxation times. Hyperpolarized MRI contrasting agents in magnetic resonance lead to more powerful magnetic resonance imaging techniques and detection modes ranging from 10000 times improvement in signals. The problem with conventional contrasting agents is that they have short relaxation time. Hyperpolarized Nanodiamonds are able to overcome this due to their existence in solid states. Nanodiamonds are already in use in life sciences; they are considered inexpensive, fluorescent makers and non-toxic. In order to increase magnetic resonance signals from Nanodiamonds, the system should be cooled down in high magnetic fields to increase Boltzmann concentration difference in the nuclear spin. Moving Nanodiamonds to varying magnetic fields and temperature zones hyperpolarizes the nuclear spin to thermalization on time scale (Academic Press 2015). Unlike in hyperpolarized molecular substances, Nanoparticles use allows a new technique that links the signal strength of MRI and relaxation times to the size of particles used. This is more common in particles below B300 nm. Following their properties, Nanodiamonds can make excellent contrast agents that are aimed enhancing the visibility of internal body structures in magnetic resonance imaging. Magnetic resonance imaging exposes body parts to strong magnetic fields leading to polarization of the hydrogen nucleus of water in body tissues (Mitchell and Cohen 2004). Conventional MRI contrast agents reduce durations of relaxation of atoms in body tissues (Ligatchev 2009) Clinical MRI is entirely based on the detection of protons in water molecules. Nanodiamonds contain paramagnetic impurities on their surfaces, which can actually hyperpolarize water molecules. Water contained in various body tissues has different time constants, and this brings about contrast in MRI (Šesták and Šimon 2013) When used as a contrasting agent, Nano diamonds have excellent thermal properties, which allow increased motion of ions hence generating oscillating magnetic fields. This avails relaxation mechanisms to facilitate decay rates of the polarization generated. Nanodiamonds have a great potential for use in MRI, as they possess stability of luminescent probes and very low toxicity. The size of Nanodiamonds does not allow interference with biological processes of the human body (Westbrook 2008) Key IP Considerations of the Invention Patent Major investments have been made in the research and development of nanodiamonds to enable their application in MRI. Hence, a strong patent protection will be critical in ensuring that return on investment in maximized. The use of nanodiamonds in MRI is not patented yet. However, there are various technologies in this area that can be patented. More powerful imaging and signal detection techniques are realizable with the use of hyperpolarized contrasting agents in MRI. The signal is almost boosted 10000 fold. This new invention regards to hyperpolarization of synthetic Nanodiamonds without utilization of free radicals at low or room temperatures. This process involves the use of technology that has used many resources and is itself groundbreaking in this area. Therefore, it is possible to patent both the technology and the process of producing the said material. This technology is still under development and may change substantially in the next few years. As such, any patent registration should make a broad claim to maximize the protection of product variation (Teece 2008). That diamond has a dilute spin of about 1.1% 13C, and carbon possesses a small ratio of gyro magnetism. This limitation has been overcome with hyperpolarization techniques, which result in about 10,000 times improvement in signal over that from conventional thermo-polarized conditions. Conventional MRI contrasting agents have very short relaxation times. High bulk diamond materials exhibit long duration relaxation times, and studies of using optical methods to alter nitrogen vacancy centers has resulted in polarization in large single crystal materials. Maintaining the long relaxation times when diamond exists in nano form is, however, a challenge (Alvarez et al. 2015). Patents can be used to deter others from using information to create similar products. This innovation demonstrates the suitability of using Nanodiamonds as contrasting agents for magnetic resonance imaging. Electron spin resonance is utilized to observe the high balance of Nanodiamonds’ paramagnetic centers which allow hyperpolarization and more so the maintenance of long duration relaxation times. The law allows the granting of patents on technologies of medical treatment. However, when making a patent claim, it is important to consider all the potential infringers as well as the different laws in various countries (Castle 2009). Confidential Information The use of nanodiamonds in MIR is a prototype. With regard to previous results on nanodiamond detonation, the relaxation data obtained from this invention is 10,000 times boost of the signal. As such, the research project, as well as the prototypes, should be treated as confidential. Any third parties involved in the development of the MRI contrast agent-based on Nanodiamonds should be subjected to non-disclosure agreements (NDAs). There has been widespread research concerning the use of Nanodiamonds in bioimaging technology (Yu 2007). However, only this project has proved successful in this area. Therefore, the information on how the nanodiamond was refined to meet the standard required should be considered confidential and should, therefore, be protected. The making of an MRI contrast agent-based on nanodiamonds require detailed knowledge of the structure of internal crystal defects, particle size effects, spin-relaxation channels, and contaminants. The process also requires unpaired electrons in the form of liquid 13C compounds (Rej et al. 2015). The knowledge required to balance these constraints should be protected as trade secrets. Design Design rights are usually very helpful, and they can help protect a medical invention in whole or partially with regards to the design (Latker 1974). A design right can be registered or unregistered. Basically, this right protects physical appearance of the invention; hence, they can stop competitors from manufacturing similar looking products (Ramsay 2011). The design of the nanodiamond itself cannot be protected under IP rights because it is not a new invention. However, the design of conjugating nanodiamonds to specific molecules that enables its use in biomedical applications is unique and never been tried before. It is important to note that nanodiamonds readily available commercially need further surface treatment, hence, resulting to significant changes in design and surface chemistry. Furthermore, modifying the type of defect found within the nanodiamonds can alter the DNP spectra, leading to a new design that is not naturally available. Trademarks Nanodiamonds have not been used in MRI before. Hence, any inventive name used to identify the technology can be registered as a trademark (Krattiger 2007). For example, the name MRI contrast agent-based on nanodiamonds can be used to specifically identify devices that apply this technology. A brand name, when protected under IP rights, helps prevent third parties from making products under the same name which could confuse health care professionals who are the consumers of this invention (Arena Carreras 2008). This will ensure that other companies do not take advantage of the brand name or even use the same marks on their devices (Rimmer 2008). Copyrights Companies always seek to preserve considerable market share advantage once they have introduced a new invention into the market. Copyrights help protect original literary and artistic works (Castle 2009). Chemical formulas, such as that of the structure of the MRI contrast agent-based on nanodiamonds are not capable of being copyrighted. However, they can be protected by patents. However, under certain considerations, the manner in which these ideas are expressed can be copyrighted (Bently and Sherman 2009). Because the formula of this invention will definitely give the business a competitive advantage in the market, it can be protected under trade secrets. These IP rights help create natural barriers to entry in the market. Hence, a company can recoup the money used in research and development before they expire. Reference List Read More