Should a diagnostic method be patentable? Discuss with close reference to relevant legislation, case law and scholarly literature, as well as any relevant law reform reports. Your discussion should...

Running Head: Diagnosis on the basis of Patentability        1
Diagnosis on the basis of Patentability        9
DIAGNOSIS ON THE BASIS OF PATENTABILITY
Table of Contents
Introduction    3
Discussion    3
Ethical Aspects of Patenting    4
Conclusion    8
Bibliography    9
Introduction
The patent system pertains to be designed for encouraging the inventions that happens to be useful for the society in consideration of granting the inventors for giving them absolute right for making profit out their inventions. This means when they disclose their invention relating to the benefits concerning the society. Therefore, the protection relating to invention will benefit the inventor. Now it is important to understand that in the context of healthcare and policies that whether it is important for the diagnosis to function effectively, and while in its operation how ethical it would be to intervene with the usage of the patent. This assignment will focus on the attributes pertaining to the patent in diagnosing the attributes by shedding light into the current trends in patenting as well as the patent policy. This is put forth with a brief history as well as a guide relating to the current operation pertaining to the patent systems existing around the world.
Discussion
There happens to exist several diagnostic processes relating to the treatment of process that cannot be voluntarily patented. Although there can be instances when the patent protection can be effectively secured in consideration of the diagnostic devices or kits that can be put to usage for detection rather than any kind of treatment. Normally the patents happen to be duly granted and therefore overcome the objections that falls under the Section 3(i) that concerns the patentability concerning the diagnostic processes.
Most of the countries in the world happens to have excluded the methods relating to a medical treatment concerning the scope that makes up their patent systems. It can be conceived by TRIPS or The Agreement on Trade Related Aspects of Intellectual Property Rights. This falls under Paragraph 3 of Article 27 that is effective for allowing the members for excluding the therapeutic, diagnostic, as well as surgical methods relating to the treatment concerning the humans or animals ousting out of the scope relating to the patentable subject matter. It should also be taken into consideration that the United States patent law is functional in allowing the methods relating to the medical treatment that can be effectively patented. However, happens to be instrumental in denying a remedy concerning its infringement. Therefore, it discards the right insofar since there happens to exist no enforceability. It is the nullification provision that had been enacted deliberately in the year 1996 that ousts out of the wide dissatisfaction that was provoked in relating to the medical community It was the European Patent Convention that falls under Article 52 Clause 4 which is functional in the exclusion relating to the scope concerning the methods of patentable subject matter relating to the treatment concerning the human or the animal body mandated by therapy and surgery or any other diagnostic methods which are practiced on the humans. However, this has strived as a pertinent issue has long been litigated due to the considerable extent resulting from the European courts. It is also important to take into account that instead without the exclusion of the medical methods completely[footnoteRef:1]. It was the judges who have eventually found something known as In vitro diagnostic methods as well as cosmetic surgeries which has thrived as something that can be called...