Methods of Medical Treatment of Human Illnesses in New Zealand: Practitioners and Non-Practitioners
26 Pages Posted: 18 Nov 2011
Date Written: 2007
This paper addresses the patentability of methods of medical treatment of human illnesses in New Zealand. It does so by addressing recent case law on the subject matter and the manner by which they interpret the current Patents Act 1953 (NZ) and the Statute of Monopolies 1623, before looking at the relevant provisions in the Draft Patents Bill 2004 and the TRIPS Agreement. The paper further analyses both economic and moral reasons why methods of medical treatment should or should not be patentable in New Zealand, differentiating between practitioners and non-practitioners. It concludes by looking at possible loopholes that allow for the patenting of methods of medical treatments, cloaked under different guises.
Keywords: methods of medical treatment, patent law, swiss claims, dosage claims
JEL Classification: K11, K30
Suggested Citation: Suggested Citation