Most States seem to rely on the propaganda put out from the FDA regarding their bans. If FDA approved, then there would most likely have to be reconsideration. I have to wonder if tax loss from people replacing cigarettes with e-cigs plays a part in the thought process of some of these states.
E-Cig patent info. From Wiki:
The electronic cigarette was first developed with a registered patent, in April 2003 by SBT Co. Ltd., a Beijing based company, which is now controlled by the Golden Dragon Group Ltd. In 2004, Ruyan took over the project to further develop the emerging technology. Ruyan officially absorbed SBT Co. Ltd. and their name was changed to SBT RUYAN Technology & Development Co., Ltd. Already in May 2004, Ruyan sold the first electronic cigarette in China. In its first 3 years of production, SBT RUYAN saw steady increases in sales, from $13 million HKD ($1.7 million USD) in 2004 to $136 million HKD ($17 million USD) in 2005, and $286 million HKD ($37 million USD) in 2006.
The patent:
espacenet — Bibliographic data
There are hundreds of patents world wide for electronic cigarettes, most of them are held by Chinese and German companies that have US associations. I'd imagine the FDA has put the kabosh on their plans of going public. One is Bel Air International in Nashville, TN. You can search worldwide patents here:
espacenet — Advanced Search (I used cigarette and nicotine as keywords).
A few US patents with foreign origination show up. The original inventor in China (above) also has his patent filed here in the US (March 18, 2005)
United States Patent Application: 0070267031
The earliest e-cig patent seems to be 1963 by Herbert Gilbert:
New Invention of 1963: The Smokeless Non-Tobacco Cigarette | Electronic Cigarettes by Instead E-Cigarette
Also the other tobacco companies have made a few smokeless products. The Accord (by Philip Morris) is still out there under their patents. I'm sure we'll see more once the FDA mess is cleared up.
NOVA Online | Search for a Safe Cigarette | "Safer" Cigarettes: A History
I didn't find anything specific to e-liquid (but I didn't look that long). I'm sure that some of the additives are patented (weird stuff like vitamin/nicotine liquid, etc.) but these are probably foreign for the most part.
In the US, there are several interesting patents regarding nicotine products (a few for Tobacco Alkaloid gums, nicotine tablets with improved nicotine absorption and the like).
On the FDA: The Food and Drug Administration (
aka Fraud and Death Administration) has classified electronic cigarettes as drug delivery device and subject to market approval prior to sale under the Food, Drug, and Cosmetic Act (FDCA). In January 2010, this classification was overturned by a federal judge. An appeals court overruled this classification on March 2010. Despite this, a number of electronic cigarette companies have emerged online. However, it is unclear what actions the FDA will take to ensure that only compliant products are on the market.