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Medical Patent Law – The Challenges of Medical Treatment

Eddy D. Ventose, Professor of Law and Head, Intellectual Property Unit, Faculty of Law, University of the West Indies, Cave Hill Campus, Barbados
This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods.
Extent: 496 pp
Hardback Price: $212.00 Web: $190.80
Publication Date: 2011
ISBN: 978 1 84980 171 3
Availability: In Stock
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  • Law - Academic
  • Biotechnology and Pharmaceutical Law
  • Health Law
  • Intellectual Property Law
This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods.

It first considers the historical basis for exclusion and the development of law and policy in Europe, the United States and other commonwealth countries. The book goes on to provide a detailed analysis of the issues related to new medical technologies, such as gene therapy, dosage regimes, and medical diagnostics, in light of the medical treatment exclusion.

Medical Patent Law will strongly appeal to patent agents and attorneys, solicitors and barristers working in patent and intellectual property law and medical law worldwide, as well as medical practitioners and healthcare professionals; scientists, researchers and managers in the chemicals, medical; pharmaceuticals and biotechnology industries. Postgraduates on LLM medical law and intellectual property courses and academics specializing in medical law or patent law, will also find much to interest them.
‘Ventose makes a fresh, lively and incredibly thorough contribution to the literature in this work. He canvasses the European, English and American authorities in a systematic, methodical and – dare I say – surgical manner. The book is a ‘must read’ for practitioners, academics and students alike interested in patentable subject matter, public policy and medico-legal ethics. It will be a welcome addition to any legal collection.’
– Emir Aly Crowne, University of Windsor, Barrister & Solicitor, Law Society of Upper Canada and Co-Founder and Co-Chair, Harold G. Fox Intellectual Property Moot

‘Medical patents are a matter of life and death. Such patents have a critical impact upon patient care, medical research, and the administration of healthcare (and, indeed, are in part responsible for ballooning health care budgets). This comprehensive book by Eddy D. Ventose provides a systematic comparative analysis of medical patents. The work explores the historical taboo against patenting methods of human treatment; charts the spectrum of policy positions on medical patents, ranging from permissive to prohibitive; and examines contemporary battles over patenting methods of medical correlation in the Supreme Court of United States.’
– Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia
Contents: Foreword Preface 1. Introduction 2. Arguments for Patent Protection 3. Arguments Against Patent Protection 4. Therapeutic Methods 5. Surgical Methods 6. Diagnostic Methods 7. Second and Further Medical Uses 8. Manner of New Manufacture 9. United Kingdom Patents Act 2004 10. United States of America 11. Conclusions Bibliography Index