Medical methods, risks to public health and exclusion from patentability

Enrico Bonadio

Research output: Contribution to journalArticle

Abstract

On 15 February 2010 the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) released an important decision regarding the exclusion from patentability of certain surgical methods. The EBA held that the presence health risks is material when verifying whether invasive surgical methods should be excluded from patentability, regardless of whether they have no curative purposes or effects. The lesson we can drawn from this decision is that risk-related factors are paramount when it comes to deciding whether medical methods are to be excluded from patentability. These factors are amongst those socio-ethical and public health related considerations which must be taken into account when dealing with the inventions in question.
Original languageEnglish
Pages (from-to)154-156
Number of pages3
JournalEuropean Journal of Risk Regulation
Volume1
Issue number2
DOIs
StatePublished - Jun 2010

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method
Public health
appeal
exclusion
public health
decision
risk
Health risks
Patents and inventions
health risk
invention
patent
material
purpose
effect

Cite this

Bonadio, Enrico / Medical methods, risks to public health and exclusion from patentability.

In: European Journal of Risk Regulation, Vol. 1, No. 2, 06.2010, p. 154-156.

Research output: Contribution to journalArticle

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Medical methods, risks to public health and exclusion from patentability. / Bonadio, Enrico.

In: European Journal of Risk Regulation, Vol. 1, No. 2, 06.2010, p. 154-156.

Research output: Contribution to journalArticle

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