Author: Ishika Kamboj, Student at O.P Jindal Global University
ABSTRACT
The relationship between patents and medical procedures has long been a subject of contention. Several countries have banned patents for medical operations, particularly, diagnostic, surgical and therapeutic treatments, due to the rising dispute about specific claims on medical treatments. The research topic this study aims to answer is whether the granting of patents in the context of medical operations is appropriate in view of patent policy, and what are the potential ramifications. The most prevalent reason behind this is that medical professionals have a responsibility to share new knowledge and technologies with all other members of society for the greater welfare. Other grounds for the exclusion of medical processes from patenting include moral societal issues, unjustified economic gains, licensing, and its implications on doctor-patient interactions, according to previous study. This research aims to analyze the origins of medical operations and their link with patent laws through a comparative examination of these countries – India, USA, Australia and UK, and how medical treatments are classified under patent rules. By analyzing the several grounds in favor and against this policy, this paper will try to explain and critically evaluate the acceptance of medical procedures as patentable and their exclusion in a phased manner.
