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Medical Methods, Risks to Public Health and Exclusion from Patentability

Published online by Cambridge University Press:  20 January 2017

Enrico Bonadio
Enrico Bonadio*
Affiliation:
University of Abertay Dundee, United Kingdom
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Abstract

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals' health and safety, inter alia.

Type
Reports
Information
European Journal of Risk Regulation , Volume 1 , Issue 2 , June 2010 , pp. 154 - 156
Copyright
Copyright © Cambridge University Press 2010

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References

1 G 0001/07 Medi-Physics/Methods for imaging pulmonary and cardiac vasculature and evaluating blood flow using dissolved polarized 129Xe. The decision can be downloaded at <http://documents.epo.org/projects/babylon/eponet.nsf/0/cdd5fb0c3153e9c3c12576cb00563d2d/$FILE/G1_07_en.pdf>.

2 The description of the application makes specific references to the usefulness of the claimed methods during surgeries. For example, the methods in question may generate images which directly allow surgeons to decide on the course of action to be taken.

3 G1/07 Medi-Physics/Methods for imaging pulmonary and cardiac vasculature and evaluating blood flow using dissolved polarized 129Xe, p. 59.

4 T 24/91 Thompson/Cornea, OJ EPO 1995.

5 T 655/92 Nycomed/Contrast agent for imaging, OJ EPO 1998.

6 T 35/99 Georgetown University/Pericardial access, OJ EPO 2000.

7 Yet the EBA decision added that surgical methods such as the one described in the patent application is excluded from patentability if it also requires professional medical expertise to be carried out.

8 G1/04, OJ EPO 2006 (Reason No 6.1).