Current Intellectual Property Issues
Methods of Medical Treatment
There is presently no bar in Australia to obtaining patent claims relating to methods of medical treatment.
The Australian Patents Act does not exclude patenting methods of medical treatment. As a matter of practice, the Patent Office currently accepts claims of this type unlike, for example, the European and New Zealand Patent Offices.
Over the years, concerns have been raised as to whether it is in the public interest to potentially preclude a medical practitioner from treating a patient in the best manner available. It is also unclear whether “contributory infringement” applies to such a method which, when carried out, does not result in a “product”. However, while debates around these issues are likely to continue, there is presently no bar in Australia to obtaining patent claims directed toward methods of medical treatment.
Click here for spokesperson The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) is the peak professional body representing Australian patent and trade mark attorneys.
Phone Australia: 03 9819 2004. Email: mail@ipta.org.au
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Intellectual Property: Methods of Medical Treatment
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