Patenting medical procedures - a comprehensive review

Abstract

‘A book may be good for nothing; or there may be only one thing in it worth knowing; are we to read it all through?’ (Samuel Johnson) This section is dedicated to the review of ideas, articles, books, films and other media. It will include replies (and rejoinders) to articles, the evaluation of new ideas or proposals, and reviews of books and articles both directly and indirectly related to intellectual property law. After receiving my copy of Patenting Medical and Genetic Diagnostic Methods, which explores the scope of patent protection for methods of medical treatment and genetic diagnostic methods in the United States under 35 USC 101, I was fascinated by the prospect of reviewing a maiden effort in an area which is complex, critical and interesting for a reviewer who is a lawyer, a pharmacist and a business person. The resurgence of the issue of patenting methods of medical treatments, in particular diagnostic methods, and the issue of patent eligibility of process claims involving laws of nature after the recent Prometheus decision, make the timing of the book perfect.