ECONOMICS (CBSE/UGC NET)

Detailed explanation-1: -Indian laws pertaining to the patenting of medical procedures. Currently, India excludes the patenting of surgical, therapeutic and diagnostic methods that are used to treat human beings or animals.

Detailed explanation-2: -Yes, a medical method of treatment is patentable in the US. Of course, methods of treating human health issues must meet all conditions of patentability. Patenting a method of medical treatment would still involve hurdles of obviousness and lack of novelty.

Detailed explanation-3: -The method of treatment is not patentable except in the United States, Australia, and New Zealand. The exclusion of method of treatment from patent rights is found in Section 3(i) of the Indian Patent Act, 1970.

Detailed explanation-4: -“Method of treatment” claims are not patentable under this section since it is not capable of industrial application which is an important criterion for an application to get granted.

Detailed explanation-5: -Medical claims, such as method of treatment claims, method of diagnosis claims, first medical use claims and second medical use claims (in any of the above mentioned formats) are considered to be unpatentable subject matter in India based on Section 3 of the Indians Patent Act.