Exclusion of Diagnostic, Therapeutic and Surgical Methods from Patentability

Abstract

The article deals with the exclusion of diagnostic, therapeutic and surgical methods from patentability. Ambiguities and uncertainties still loom large in the air with respect to exclusions of patentability relating to medical or surgical processes or those relating to the pharmaceutical or biotechnological industry. Uniformity in this area is still a distant dream even in this post-TRIPS era. Here, an analysis of the present scenario of patentability of the diagnostic, therapeutic and surgical methods is attempted. The distinct differences among the developed and developing economies with regard to the criteria and policies of exclusions from patentability, particularly pertaining to areas having a strong relation to the public health realm are discussed. An attempt of comparative analysis in this area has also been undertaken. A strong patent regime in consonance with the principles of human rights and ideals of public health is the need of the hour. The benefits of enabling and exclusion clauses in the patent legislations should be balanced and constructed in such a manner as to protect the interests of the developed nations as well as to fulfill the needs and aspirations of the so called third world.