An Analysis of the Global Trend and Theoretical Basis for Patentability of Methods of Medical Treatment for Human and a Proposal for Taiwan's Medical Patent Policy
Chiang Wan- Tsui
學理基礎加以檢驗。例如：許多文獻多以醫學倫理為理由，反對醫療方法專利；又許 多國家以「醫藥產品可以專利」為理由，支持對醫療方法發明應有同樣的保護，其等 說法均有值得深入探討之處。而於 Mayo
Collaborative Services v. Prometheus Laboratories, INC.一案中，美國聯邦最高法院以其不足以轉換自然法則成為可專利
注大量資源，尤其我國臨床醫療社群具有超群國際之研究水準，在世界各國頻繁反省 醫療方法發明之可專利性的同時，本研究將追蹤 Mayo Collaborative Services v.
Prometheus Laboratories, INC.與 the Association for Molecular Pathology v. U.S. Patent & Trademark
Office (Myriad) 判決對美國生醫專利政策之影響，並實際訪 談台灣醫療社群對醫療方法專利之看法與評估，提供台灣在生醫專利政策發展的建議。|
The patentability of methods of medical treatment is a complex issue in patent law that leads to a lack of consensus among jurisdictions. Due to the advancement of medical technology and the changing forms of medical industry, many countries have been adjusting their position on patenting methods of medical treatment in the past hundred years. For a long time, many countries face conflicting interests of promoting medical science and ensuring the public’s access to medical technology when they evaluate the medical patent policy. As countries around the world are adjusting their attitudes towards the patentability of methods of medical treatment and listing their rationales for and against patenting such methods, it is necessary to examine the reliability and validity of those reasons from solid theoretical base. While some literatures are against patenting such methods due to medical ethics, some support it from the perspective of giving equal patent protection to both medical products and methods. However, both arguments are worth being rethought. In the Mayo Collaborative Services v. Prometheus Laboratories, INC., the U.S. Supreme Court expanded the issue of patenting medical methods to whether some methods are inventive enough to transform laws of nature into an application of laws of nature. As the U.S Supreme Court and the United States Patent and Trademark Office’s (USPTO) are modifying its attitude to the patentability of methods of medical treatment, this research organizes the rationales for and against such patentability and approach the theories of medical professionalism, right to health and the accessibility of human intellectual achievement to examine the reliability and validity of those rationales. Taiwan’s Patent Act has limited the patentability of methods of medical treatment for a long time. Taiwan government has increased its investment to promote biomedical science in recent years. In addition, Taiwanese medical profession is famous for its world- leading clinical skill. As countries frequently modify their positions on patents on methods of medical treatment, this research will provide proposal to Taiwan’s patent policy of methods of medical treatment.