Is a Method of Treatment Patentable in the US?

In today’s fast-paced world of advancing technology and medical breakthroughs, the development of innovative treatment methods has become crucial. However, one question that often arises is whether a method of treatment can be patented. This blog aims to explore the patentability of treatment methods in the United States, with a particular focus on the Philippines Patent Law. Patents play a vital role in protecting intellectual property and encouraging innovation. Therefore, understanding the patentability of treatment methods is of utmost importance to healthcare professionals, researchers, and inventors alike.

What is a Patent?

A patent is an exclusive right granted to an inventor or assignee, by the government, for a specified period. It allows the patent holder to prevent others from making, using, selling, or importing their invention without permission. In the United States, patents are granted by the United States Patent and Trademark Office (USPTO).

The Exception for Medical Methods

In the US, laws and regulations exclude certain subject matter from patent protection, including laws of nature, natural phenomena, and abstract ideas. The question arises as to whether medical treatment methods fall under these exceptions. In a landmark case called Mayo Collaborative Services v. Prometheus Laboratories, the Supreme Court of the United States held that the correlation between a drug’s metabolite levels and its effectiveness in treating a medical condition was a natural law and therefore not patentable subject matter.

The Philippines Patent Law

Turning our attention to the Philippines, the country follows the principles of patentability similar to those in the United States. The Intellectual Property Code of the Philippines (IP Code) states that inventions that are new, involve an inventive step, and are industrially applicable can be granted patents. However, the IP Code does not explicitly address the patentability of methods of treatment.

In practice, the Philippines Intellectual Property Office (IPOPHL) has been cautious in granting patents for medical methods. The IPOPHL tends to consider methods of treatment as involving the application of natural laws or phenomena, thus falling within the scope of excluded subject matter. As a result, it can be challenging to obtain patent protection for medical treatment methods in the Philippines.

Alternative Forms of Protection

While patent protection may be limited for medical methods, alternative forms of intellectual property protection may be available. For example, copyright protection may extend to medical literature, research papers, or software used in treatment methods. Trade secrets can also safeguard proprietary methods or formulas used in medical treatments. It is essential for innovators in the medical field to explore these avenues to secure their intellectual property rights.

Patentability of Treatment Methods

1. Patent Eligibility: In the US, for an invention to be eligible for patent protection, it must meet certain criteria, including novelty, non-obviousness, and utility. Traditionally, treatment methods were considered non-patentable subject matter due to public policy concerns. The reasoning behind this was to prevent the hindrance of public access to medical care and avoid the potential exploitation of patients.
2. Evolution of Patent Law: However, over time, the US patent system has evolved to allow the patenting of certain treatment methods. The landmark Supreme Court case of Diamond v. Chakrabarty in 1980 expanded the scope of patentable subject matter to include living organisms. Since then, the USPTO has granted patents for various medical inventions, including methods of treatment.
3. Medical Treatment Exception: Despite the broadening scope, the US patent law still maintains a medical treatment exception. This exception states that a method of medical treatment performed on a human or animal body is not eligible for patent protection. The rationale behind this exception is to ensure that physicians have the freedom to diagnose and treat patients without the fear of infringing on patents.
4. Patentable Treatment Methods: While the medical treatment exception remains, it is important to note that certain treatment methods may still be patentable. For instance, a novel medical device or apparatus used in a treatment process may be eligible for patent protection. Additionally, new and inventive pharmaceutical compositions, formulations, or drug delivery systems can also be patented.

Patent Procedures in the US

If you have developed a treatment method that falls within the patentable subject matter, it is essential to understand the patent application process. The procedures typically involve:

1. Prior Art Search: Conduct a comprehensive search to ensure that your treatment method is novel and non-obvious compared to existing knowledge. This step helps in assessing the patentability of your invention.
2. Drafting a Patent Application: Engage the services of a qualified intellectual property (IP) lawyer or firm, such as Brealant, specializing in patent law. They will assist you in drafting a strong patent application, ensuring all necessary legal requirements are met.
3. Filing the Application: Submit your patent application to the USPTO, along with the required fees. The application should include a detailed description of the treatment method, any supporting data, and the necessary claims defining the scope of the invention.
4. Examination and Prosecution: After filing, the USPTO will examine your application to determine its patentability. This process may involve responding to office actions, conducting interviews with examiners, and making necessary amendments to ensure patent approval.

When it comes to protecting your intellectual property, Brealant is a leading IP law firm in the Philippines that can provide expert guidance and assistance throughout the entire patent process. With their experienced team of patent attorneys, Brealant understands the nuances of patent law and can help you navigate the complexities of obtaining patent protection for your treatment method. Whether you require assistance with prior art searches, patent drafting, or responding to office actions, Brealant is committed to protecting your valuable intellectual property assets.

Conclusion

The patentability of treatment methods in the United States is a complex area of law with certain exceptions and considerations. While the medical treatment exception exists, there are still opportunities for patent protection for innovative medical devices, pharmaceutical compositions, and other related inventions. It is crucial to consult with a qualified IP lawyer, such as Brealant, who can provide tailored advice and support throughout the patent application process.

As the field of healthcare continues to advance in the Philippines, protecting innovative treatment methods through patents becomes increasingly important. By safeguarding intellectual property, we can foster a culture of innovation, incentivize research and development, and ultimately improve patient care. Remember to consult with legal experts and stay updated with the evolving patent laws to make informed decisions regarding your intellectual property rights.

Whether you are a healthcare professional, researcher, or inventor in the Philippines, Brealant stands ready to assist you with your intellectual property needs. Contact Brealant today to discover how their expertise in IP law can help you protect your treatment methods and turn your innovative ideas into valuable assets.