THE LEGAL AND ETHICAL IMPLICATIONS OF PATENTING MEDICAL TECHNOLOGIES ON HEALTHCARE SERVICES IN NIGERIA

Abstract

Patenting an invention gives the patentee the right to exclude others from making, using, or selling such invention for a period of 20 years from the date of filling a patent application. The requisite factors for patent eligibility include novelty, obvious inventive process and industrial applicability of the invention. Interestingly, the patent laws in some jurisdictions like Europe, USA, exclude both medical and surgical procedures for patient care from patentability based on morality and absence of technical or inventive activity, while granting same to medical devices and gadgets used for therapeutic and surgical purposes as well as medicines. Technological inventions in the healthcare sector have undoubtedly made significant contributions to improving public health. These inventions in the healthcare sector aid the healthcare practitioners to provide more efficient healthcare services through early diagnosis, less invasive treatment options and also reduces the duration of hospitalisation and recuperation. Therefore, this paper seeks to determine the legal and ethical issues associated with granting patent protection to inventions in the medical field; should all or a certain category of medical inventions be patented and what would be the effect on the medical practitioners and the quality of service delivered to healthcare consumers in Nigeria.