Examining the Necessity of Bringing Medical Methods Under the Scope of Patentable Subjects Matter

Abstract

The development of science and technology has widely contributed to human prosperity. This development has encouraged inventors and provided incentives to invent, invest and design within the patent system. Recently, it has been realized that it is necessary to enact legislation to provide more protection for patents, not only at the national level, but at the international level. Consequently, in most nations, such as the United States, Australia, the European countries and many Arabic countries, the general principle of patent scope is that the inventors have the right to patent any type of invention, but unless the conditions, such as novel, useful and invention, are satisfied, legislative have the right to exclude from the subject matter of the patent. On the other hand, the patentability of medical treatment methods has been a controversial issue worldwide. As a matter of fact, the rules for patenting the medical methods used in surgery, therapy and diagnosis are unclear, not only in terms of the patent laws, but in terms of the judiciary and jurisprudence.

Keywords: medical method, patent subject matter, scope of patentability