의료방법 발명의 특허보호 방안

This article intends to contribute to the examination of recent developments, challenges and controversies concerning patenting of medical procedures, with focus on patentability of the diagnostic, therapeutic and surgical methods for the treatment of humans. The article shows that medical devices and pharmaceuticals are recognized as patentable subject matters in Korea, while invention on medical procedures isn’t because it is being considered as industrially non-applicable invention. This article then recognizes WTO/TRIPs leaves up to Member States’ authority on the issue of patenting of medical procedures for the treatment of humans or animals. The article subsequently sketches that the majority of the countries in the world, particularly South Korea, European Union, Japan and China denies patenting of the medical procedures, while United States recognizes the invention as patentable subject matters. This article proposes that article 96(Limitations on Effects of Patents) of the Patent Act should be revised with a view to newly recognizing diagnostic, therapeutic and surgical procedures for the treatment of humans as industrially applicable invention, and to imposing limitation on effect of patent with respect to a medical practitioner’s performance of a medical activity, which will satisfies not only encouraging development of the medical technologies, but also securing public health.