'Diagnostic Method' Patent Model Patent Incentives and Socio-Ethical Concerns

Abstract

Medical methods have been excluded from the scope of patentability by most countries in consideration of ethics inherent in the practice of medicine. While the prohibition against patentability of surgical and therapeutic methods in which a doctor would directly be involved at all steps is viewed stringently by patent offices and courts, the exclusion relating to diagnostic methods is given a flexible treatment due to evolution of technology based diagnostics, involvement of technicians and decrease in intervention of doctors. This paper expounds the law relating to patentability of diagnostic methods, compares the differences in patent laws of various countries with the help of examples and concludes with suggestions for a diagnostic method patent model for India.