Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: iper on July 16, 2020, 11:15:55 AM

Title: Is there a workaround to patent a therapeutic device?
Post by: iper on July 16, 2020, 11:15:55 AM
Hello

I read that methods of treatments cannot be patented.

Is there a way to work around this?

For example, is it possible to patent the use of x-rays to kill cells if only the use of x-rays to image tissues was patented?

Basically the x-ray device is the same but you want to patent the use of that device to kill cells by simply increasing the intensity of the x-rays. I assume you cannot claim that the x-ray machine will cure cancer but cannot you patent the killing of cells with an existing device simply by altering its mode of function (i.e. increase the x-ray intensity)?

Thanks!
Title: Re: Is there a workaround to patent a therapeutic device?
Post by: Brad on July 18, 2020, 08:21:10 AM
Yes that could be possible to patent a method or process provided there is a machine or device involved.   In my experience these are challenging patents to get approved though. 

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