Medical Treatment Methods, Medical Indication Claims, And Patentability: A Quest Into The Rationale Of The Exclusion And Patentability In The Context Of The Future Of Personalized Medicine

The document explored the complex issue of patentability concerning medical treatment methods and medical indications, highlighting the unclear and broad socio-ethical rationale behind the exclusion of medical treatment methods from patentability. It noted that this rationale aimed to protect healthcare but was so extensive that it could also encompass pharmaceutical products. The paper also discussed the ambiguous rationale for allowing medical indication patents, which posed risks of patent infringement for various medical stakeholders. The authors argued that medical indication patents might not be desirable due to their proximity to clinical activities. They suggested potential solutions, including the abolition of the exclusion from patentability of medical treatment methods, though this was deemed unlikely in EPC territories. Additionally, they cautioned that abolishing medical indication patents could hinder genuine innovation in medicinal research, necessitating further consideration.