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Published in:

Volume 7 Issue 7
July-2020
eISSN: 2349-5162

Unique Identifier

JETIR2007062

Page Number

543-546

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Title

PATENTING OF MEDICAL METHODS: AN EXCLUDED SUBJECT MATTER UNDER PATENT LAW

ISSN

2349-5162

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"PATENTING OF MEDICAL METHODS: AN EXCLUDED SUBJECT MATTER UNDER PATENT LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.7, Issue 7, page no.543-546, July-2020, Available :http://www.jetir.org/papers/JETIR2007062.pdf

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Abstract

: Patenting of medical methods involve the patenting of the techniques such as surgical methods as distinct from the patenting of the medical products. Medical methods are excluded from the purview of patentability in a large number of countries today. One of the most prominent justification for the exclusion is that such patents are likely to restrict the freedom of the doctors and will prevent them from curing patients with the least medical advances. The grant of protection to the medical methods will definitely stall the dissemination of the knowledge of the professional attainment and skills. Methods of medical treatment are most often seen as an excluded subject matter in the light of public policy rather than the patent eligibility criteria as the exclusion has an undertone of the hybrid of the patent law and medical jurisprudence. Though the situation is different in countries, as most of them exclude methods of medical treatment from patentability and some of them grant the patent but not the protection. This article analyses the varied nature of protection given to the medical methods in different jurisdiction and also role of the provision of TRIPS agreement in determining the nature and scope of its protection. The article also discusses that whether the Article 27 of the TRIPS agreement is flexible enough to allow its member states to exclude the protection based on the ground of order public and morality according to the suitability of their local customs and needs. For the purpose of understanding the exclusion of the medical methods from the purview of patentability, some significant factors are needed to be considered such as the ‘patent system’ of the particular country, in the sense that how it is different from other countries and what all are policies and conceptions relating to the grant of protection to the medical processes on the very touchstones of public order and morality because of the contextualized and subjective interpretation of such ‘notions’. The other significant factors are international practices and the justifications given by the member states for the grant of protection to the medical methods. The approach of the United States is unique in this arena as it is built on the edifice of the ‘balancing the interest approach’ which is discussed in detail in the paper. Some suggestions are also provided in the last portion of the article which are significant in the light of the determination of the patentability of the medical methods.

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"PATENTING OF MEDICAL METHODS: AN EXCLUDED SUBJECT MATTER UNDER PATENT LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 7, page no. pp543-546, July-2020, Available at : http://www.jetir.org/papers/JETIR2007062.pdf

Publication Details

Published Paper ID: JETIR2007062
Registration ID: 234980
Published In: Volume 7 | Issue 7 | Year July-2020
DOI (Digital Object Identifier):
Page No: 543-546
ISSN Number: 2349-5162

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Cite This Article

"PATENTING OF MEDICAL METHODS: AN EXCLUDED SUBJECT MATTER UNDER PATENT LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.7, Issue 7, page no. pp543-546, July-2020, Available at : http://www.jetir.org/papers/JETIR2007062.pdf




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