Medical diagnosis and treatment is an extremely challenging and interesting field, attracting people since inception of human civilization. As of now, millions of medical tools have been developed to diagnose and treat diseases, but simultaneous evolution of humans and virulent life and non-life forms have repeatedly pushed our intellectual acumen and focuses towards finding novel and improved method of treatment.
Since method of treatment directly involves interference with human/animal life, the lawmaker has taken special precaution to prevent exclusivity over the commercial use of these inventions. Except USA, Australia and New Zealand, the method of treatment is excluded from patent protection. Section 3(i) of the Indian Patent Act, 1970 contains the exclusion of method of treatment from patent protection. Section 3(i) of the Indian Patent Act, 1970 reads as:
However, the Indian Patent Act, 1970 does not preventthe products involved in treatment from getting patented, be they pharmaceuticals or medical devices such as scalpels, staplers, surgical sutures, stents, reagents, and diagnostic kits.
RIPA is a Not for profit organization with an aim to promote and facilitate indigenous Intellectual Property [IP] at National and International level.
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