Published Paper Details:

The harmonization of the intellectual property regime has brought in substantive changes in the patent regime in India, making it more industry and innovation friendly. The important changes, such as removing section 5 of the patent act that allows product patents for the pharmaceutical industry, have led to a quick increase in patent applications at the Indian Patent Office for pharmaceutical patents. Further, the recent technological advancements in various fields of research and development relating to medicine and health care technologies are also a reason for the sudden rise in the patent applications. But, with India being known as the pharmacy of the world, traditionally the focus of the discussions and deliberations was often on pharmaceutical components and other inventions related to medicine. But the recent trends in research and innovation in the field show the scope for personalized medicine, gene therapy, stem cell therapy, etc., which point out the need to focus on the patentability of other categories of inventions like medical devices and medical procedures. The study focuses on the key provisions of the Indian Patent Law relating to patent eligibility for different categories of medical inventions while balancing public health and public interest concerns. The study focuses on and emphasizes medical innovations beyond the pharmaceutical sector. The study employs a doctrinal framework to analyze major laws and precedents regarding the patentability of inventions in medical devices, medical procedures, and biomedical innovations, while addressing the associated legal, ethical, and policy challenges.