PATENTABILITY OF DIAGNOSTIC METHODS IN INDIA: AN ANALYSIS OF CONFLICTING DECISIONS IN INDIAN MEDICO-LEGAL JURISPRUDENCE

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Published ID: IJNRD2411223

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Vaishnavi K, Srineha J

Diagnostic Methods, Patent, Detection, Screening

The term “diagnosis” means to discern a disease based on its symptoms and distinguish it from other possible conditions. The basis of medicine rests in the concept of diagnosis in whose absence effective and timely treatment of illnesses is rendered impossible. Over the course of time, the field of diagnostics rapidly developed with aggressive study by specialists and therefore led to the development of various methods that a doctor may apply to discern the ailment of a patient. The development of these diagnostic methods led to the growing importance of protecting interest of the public, as allowing patentability of such diagnostic methods would restrict accessibility of treatment to all persons and would also result in making healthcare a business run for economic gains. Thus arose the need to protect diagnostic methods from being patentable. Albeit this concept protects the rights of the public, it also affects the interests of inventor by not protecting the novelty of their inventions. Many countries around the globe have not provided patent protection to diagnostic methods and India also joined this league with the amendment of The Indian Patents Act, 1970 in the year 2005. In this amendment, the term ‘diagnostic’ was inserted under section 3(i). As per the provisions of this Act, diagnostic methods do not fall under the category of invention and therefore become ineligible for a patent. However, section 3(i) restricts patentability of diagnostic methods to the extent that it results in treatment of human beings. Various decisions by the Indian Patent Office and the Courts in India have been contradictory in applying the provisions of the Act. This paper aims to make a comprehensive analysis of such conflicting judgments and discern the reasons for this paradox.

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Vaishnavi K & Srineha J (November-2024). PATENTABILITY OF DIAGNOSTIC METHODS IN INDIA: AN ANALYSIS OF CONFLICTING DECISIONS IN INDIAN MEDICO-LEGAL JURISPRUDENCE. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 9(11), c180-c188. https://ijnrd.org/papers/IJNRD2411223.pdf

Volume 9 Issue 11, November-2024

Pages : c180-c188

Paper Reg. ID: IJNRD_302241

Published Paper Id: IJNRD2411223

Research Area: Social Science All

Author Type: Indian Author

Country: Chennai, Tamil Nadu, India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2411223.pdf

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