Patentability of Medical “Pros” – Product V Process

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Ayushi Tyagi
Published On: 03/01/2023
Volume: 8
Issue: 6
First Page: 214
Last Page: 237
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Ayushi Tyagi, Patentability of Medical “Pros” – Product V Process , Volume 8 Issue 6, Journal of Legal Studies & Research, 214-237, Published on 03/01/2023, Available at


A patentee needs a legal instrument called a patent to prevent others from producing, utilising, selling, or offering for sale their “claims.” Medical patents shall be defined as medications, methods of making and using them, medical treatment regimens, surgical procedures, medical equipment, and health care IT for hospital and health care administration systems for the purposes of this article. The problem of promoting medical research while keeping medical treatments cheap has yet to be overcome. The first thing this study does is look at the benefits of medical patentability. After that, it looks at how patents affect medical research and how the pharmaceutical industry’s shift from process patent to product patent following the Patent Amendment Act of 2005 affects medical research and health-care access.

Keywords: Patent, Product patent, Process patent, Pharmaceutical industry, TRIPS

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