Some of our patents may expire before we receive FDA approval to market our products in the United States or we receive approval to market our products in a foreign country. However, we believe that certain patent applications and/or other patents issued more recently will help protect the proprietary nature of the Hemopurifier(R) treatment technology.
US Patent 7226429 (filed 1-20-2004) should expire in 2024. US patent 8,288,172 (filed Mar. 9, 2007) should expire in 2027. I looked at the claims of each patent and they seem to have a pretty broad scope. I think they might have some earlier patents assigend to Aethlon from Ambrus and Scamurra (e.g., US 6,528,027, filed August 1999, set to expire 2019).
I think that Aethlon might have enough patent protection to keep competitors at bay for quite awhile while they seek FDA approval and will probably have some good patents in force if and when they get FDA approval. Also, I imagine the company will continue seeking patent protection for any new developments.
I only looked at US patents because this is a good point of reference considering the US is probably still the largest economy in the world--I view European patent protection as sort of an added bonus.
If anyone has identified additional patents or has other info, I'm happy to dig a little deeper into patent analysis. My guess is that some older patents (e.g., US 6,528,027) which very broadly claim filtering virus from blood in vivo could expire at or around the time of FDA approval, but certain newer patents (e.g., 8,288,172) which presumably claim some more specific, later developed, and commercially more efficient? details will probably expire after FDA approval and give Aethlon some good protection.