Medical Method Patents

Law360 (September 7, 2006, 12:00 AM EDT) -- Suppose that in the course of his or her practice, a physician develops a novel method of treatment—for example a surgeon devises a less-invasive procedure to remove a gall bladder, or a dentist discovers an improved method of filling cavities—would it be advisable for the physician to seek patent protection for the method? Conventional wisdom in the field of patent law considers such an undertaking to promise little, if any return on the investment. However, with a close look at the patent laws and a little imagination, one may arrive at a far different conclusion, given the appropriate circumstances. Before delving into this interesting topic, a brief overview of patent law is in order....

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