Organization

University of Pittsburgh

Project Description

THE LOW TIDE FOR MEDICAL PROCEDURE PATENTS: HOW THE DIMINISHED SPACE FOR INDUCEMENT TO INFRINGE LEAVES PATENT OWNERS POWERLESS

Project Abstract

Medical procedure patents have a unique exception under 35 U.S.C. � 287(c) so that medical professionals are not liable for performing a patented procedure without a license from the patent owner. Those who aid and abet unlicensed usage, however, have no such stated immunity, though no court has found one who aids or abets liable in a medical procedure patent case. With the changes in patent law surrounding inducing infringement from DSU Med Corp. v. JMS Co., medical procedure have lost even more strength. This paper argues that, given the medical community�s distaste, the international unease, and the new stripping of their power, the U.S. Congress should enact legislation to exclude medical procedure patents from patentable subject matter.

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Medical Patent Law Survey 10
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