Chapter 1
Drug Delivery at the Nanoscale: A Guide for Scientists, Physicians and Lawyers
Raj Bawa, MS, PhD
Patent Law Department, Bawa Biotech LLC, Ashburn, Virginia, USA
The Pharmaceutical Research Institute, Albany College of Pharmacy and Health Sciences, Albany, New York, USA
Guanine Inc., Rensselaer, New York, USA
Copyright Ā© 2020 Raj Bawa. All rights reserved. As a service to authors and researchers, the copyright holder permits unrestricted use, distribution, online posting and reproduction of this article or unaltered excerpts therefrom, in any medium, provided the author and original source are clearly identified and properly credited. The figures and tables in this chapter that are copyrighted to the author may similarly be used, distributed, or reproduced in any medium, provided the author and the original source are clearly identified and properly credited. A copy of the publication or posting must be provided via email to the copyright holder for archival.
Keywords: nanotechnology, nanoscience, nanomedicine, nanotech, nanopharmaceutical, nanodrug, nanomaterial, modern nanotechnology, commercialization, technology transfer, research and development (R&D), over-the-counter (OTC), US Food and Drug Administration (FDA), European Medicines Agency (EMA), National Science Foundation (NSF), nomenclature, regulatory definition, drug delivery, engineered nanotherapeutics, site-specific delivery, theranostics, theranostic drug delivery, nanopotential, nanoscale, nanometer (nm), nanocharacter, nanodimensions, specific surface area (SSA), controlled manipulation, nanoparticles (NPs), Theranos, nanoscale titanium dioxide, silver nanoparticles, DoxilĀ®, Abbreviated New Drug Application (ANDA), scanning tunneling microscope (STM), transmission electron microscope (TEM), atomic force microscope (AFM), molecular nanotechnology (MNT), International Organization for Standardization (ISO), personalized medicine, precision medicine, genomic medicine, National Nanotechnology Initiative (NNI), efficacy, bioavailability, toxicity, combination products, new molecular entities (NMEs), New Drug Applications (NDAs), new biological entities (NBEs), Biologics License Applications (BLAs), Federal Food, Drug, and Cosmetic Act (FD&C Act), Public Health Service (PHS) Act, drug, biologic, device, BayhāDole Act of 1980, HatchāWaxman Act of 1984, biosimilars, Biologics Price Competition and Innovation Act of 2009 (BPCI Act or Biosimilarās Act), HumulinĀ®, monoclonal antibody (mAb), multivalence, NanoCrystalĀ® technology, nanoscale drug delivery systems (NDDS), drug delivery system (DDS), bioperformance, polyethylene glycol (PEG), Generally Recognized As Safe (GRAS), therapeutic monoclonal antibodies (TMAbs), active pharmaceutical ingredient (API), antibodyādrug conjugates (ADCs), the āMagic Bulletā Concept, targeting ligands, liposomes, enhanced permeability and retention (EPR), AmBisomeĀ®, AbraxaneĀ®, CopaxoneĀ®, nonbiologic complex drug (NBCD), nanosimilars, US Government Accountability Office (GAO), LipodoxĀ®, clinical studies, institutional corruption, ādraftā guidance documents, adverse drug reactions (ADRs), nano-combination products (NCPs), Intellectual property (IP), US Patent and Trademark Office (PTO), patents, patent proliferation, product-line-extension, patent agent, patent attorney, patent examiner, Freedom-to-Operate (FTO), nanopatent land grabs, patent thickets, carbon nanotube (CNT), translational medicine (TM), bench-to-bedside, C activation-related pseudoallergy (CARPA), adsorption, distribution, metabolism, and excretion (ADME), Biopharmaceutical Classification Scheme (BCS), Technology Transfer Offices (TTOs), licensing, irreproducibility of preclinical research, Good Clinical Practice (GCP), Good Manufacturing Practice (GMP), Good Laboratory Practice (GLP), physiologically based pharmacokinetic (PBPK) modeling, pharmacokinetics (PK), physicochemical characterization (PCC), institutional review board (IRB), pharmacodynamic (PD) modeling, artificial intelligence (AI), nano-characterization
1.1 Nano Frontiers: An Introduction
Small is beautiful.
āLeopold Kohr (1909ā1994), Austrian economist
It has long been an axiom of mine that the little things are infinitely the most important.
āArthur Coyle Doyle (1859ā1930), English author and physician
Great things are done by a series of small things brought together.
āVincent Van Gogh (1853ā1890), Dutch painter
The air is thick with news of nano-breakthroughs. Although ānanoā (or nanotech or nanotechnology) is a hot topic for discussion in industry, pharma, patent offices, and regulatory agencies, the average citizen knows very little about what constitutes a nanoproduct, a nanomaterial or a nanodrug. Still, there is no shortage of excitement and hype when it comes to anything nano.1 Optimists tout nano as an enabling technology, a sort of next industrial revolution that could enhance the wealth and health of nations. They promise that in many areas within nanomedicine2 (nanoscale drug delivery systems, theranostics, etc.) will soon be a healthcare game-changer by offering patients access to precision medicine. Pessimists, on the other hand, take a more cautionary position, preaching instead a go-slow approach and warning about the lack of enough scientific information on health risks, general failure on the part of regulatory agencies to formulate clearer guidelines and continuous issuance of patents of dubious scope. They highlight that nano is burdened with inflated expectations with few marketed products. The reality may be somewhere between such extremes. Like any emerging technology, the whole picture is yet to emergeā¦and we are just getting started! Whatever your stance, nano has already permeated virtually every sector of the global economy, with potential applications consistently inching their way into the marketplace. But, is nano the driving force behind a new industrial revolution in the making or simply a repacking of old scientific ideas and terms? Dissecting hope from fact is often difficult.
Nano is the natural continuation of the miniaturization of materials and medical products that have been steadily arriving in the marketplace. It continues to evolve and play a pivotal role in various industry segments, spurring new directions in research, patents, commercialization, translation, and technology transfer. Although not a distinct field or disciple, it is an interdisciplinary area that draws from the interplay among numerous fields, including materials science, medicine, engineering, colloid science, supramolecular and physical chemistry, drug science, biophysics, and many more.
Nanoās potential benefits are frequently overstated or inferred to be very close to application when clear bottlenecks to commercial translation exist. In this regard, start-ups, academia, and industry exaggerate basic research and developments (R&D) as potentially revolutionary advances and claim these early-stage discoveries as confirmation of downstream novel products and applications to come. Such āfake medical newsā does great disservice to all stakeholders. It not only pollutes the medical literature but also quashes public support for translational activities. This issue is quite serious and often emanates from eminent academic labs from distinguished universities or from established industry players (Box 1.1).
All of this is happening while hundreds of over-the-counter (OTC) products containing silver and other metallic nanoparticles, nanoscale titanium dioxide, carbon nanotubes, and carbon nanoparticles continue to stream into the marketplace without adequate safety testing, labeling or regulatory review. In fact, a large number of nanomaterials and nanoparticles have been synthesized over the last two decades that could be toxic, yet the Environmental Protection Agency (EPA) and the US Food and Drug Administration (FDA) do not seem to know how to regulate most of them [3]. Obviously, consumers should be cautious about potential exposure but industry workers should even be more concerned.
Box 1.1 Nano: Dreams, Hype, Misinformation, and Reality
We live in a society exquisitely dependent on science and technology, in which hardly anyone knows anything about science and technology.
āCarl Sagan (1934ā1996), American cosmologist
The rush to celebrate āeurekaā moments in science is overshadowing the research enterprise. Some blame the current pervasive culture that focuses on rewarding eye-catching and positive findings. Others point to an increased emphasis on making provocative statements rather than presenting technical details or reporting basic elements of experimental design. āFantastical claimingā is nothing new to academia and start-ups where exaggerated basic research developments are often touted as revolutionary and translatable advances. Claims of early-stage discoveries are highlighted as confirmation of downstream novel products and applications to come. Even distinguished professors at reputable universities are guilty of such spin or interpretive bias. In this context, nanoās potential benefits are also often oversta...