To know the trends in patent filing in India in the field of Surgical Instruments, a detailed search was performed at the official website for the granted patents and the published applications. Presented here is the summary of the trends.
2. Patent applications in the medical field (surgical
devices) must meet the same requirements as applications
in all other fields of technology. They must be
New
Inventive
Capable of industrial application
The invention must not fall wholly within the
excluded categories defined in Section 3 of The
Patents Act.
The claims must clearly define the scope of the
invention and be supported by the description.
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3. The relevant sections of the Patent Act applicable for
ascertaining patentability of surgery related devices are:
Section 3(i): any process for the medicinal, surgical
curative, prophylactic diagnostic, therapeutic or other
treatment of human beings or any process for a similar
treatment of animals to render them free of disease or to
increase their economic value or that of their products.
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4. Inventions in the field of surgery include
A61B17 -Surgical instruments, devices or methods
A61B18 -Surgical instruments, devices or methods for
transferring non-mechanical forms of energy to or from the
body.
A61F9/007- Methods or devices for eye surgery
A61F11-Methods or devices for ear surgery
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6. Data Base Searched: Indian Patent Office
Time span: From 01.01.2005 to 19.09.2014
Published Indian Patent Applications and PCT National
Phase Applications including Patent Grants are considered.
Note: PCT applications which have designated India but
have not entered National phase are not included.
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11. Total number of applications published in the field of surgical
instruments is 946.
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National Phase : 501
Indian: 445
U.S.A. – Max. number of patent applications in the field of
surgical instruments
ETHICON ENDO-SURGERY, INC. – Top MNC in patent
filing in the field of surgical instruments.
In India, most of the applications published are inventions by
individuals with Maharashtra as the dominating state.
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12. VIEWS EXPRESSED AND ERRORS, IF ANY ARE ATTRIBUTABLE TO
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THE AUTHOR –
IF YOU RELY ON THE ABOVE VIEWS WITHOUT A PERSONALIZED
OPINION, AND IF YOU HAVE BENEFITS, YOU ARE FREE KEEP IT
FOR YOURSELF WITHOUT EVEN AN ACKNOWLEDGEMENT !!
IF YOU RELY ON THE ABOVE VIEWS, SOME OF IT MAY BE WRONG
AND SUFFER LOSES AND YOU SUE ME FOR NEGLIGENCE, I
RESERVE not only MY RIGHTS TO RECOVER COSTS(!) but also
raise new bill on you for relying upon these views!!
THIS PRESENTATION IS PRIMARY MEANT FOR INSTRUCTIONAL
USE. NOT FOR PUBLICATION.
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