| Abstract: | LEGAL CONTEXT: There are differences between the legal system of various jurisdictionson the issue of patenting of medical and surgical methods. Insome jurisdictions, methods of treatment of the human body areconsidered as patentable. The need to grant patent protectionto medical methods is also reflected in the TRIPs Agreement. KEY POINTS: The article attempts to highlight the importance of grantingpatent protection to medical methods. Patents relating to themedical field fall into several categories. Though all thesepatents raise ethical issues, they are accepted by the societyand the medical profession and patents are available in allfields other than medical methods that include diagnostic, surgical,and therapeutic procedures. PRACTICAL SIGNIFICANCE: With the technological developments, new medical methods requireextensive research. The main concern is that medical methodsincrease the cost of healthcare and also stifle research. Butthese arguments are taken care of by the patent system itselfthat provides for compulsory licensing. The reality in the pharmaceuticalindustry shows that medical field is as sensitive to economicfactors as any other. Decisions of the Courts in various jurisdictionsprovide a valuable insight into the need for protection of medicalmethods. The recent milestone decisions of the US Supreme Courtand the Enlarged Board of Appeals of the European Patent Officeare an eye opener. |
