Surgical Devices - patenting

trends in indiaNARENDRA BHATTA

HL ,FOUNDER&

RANI MADANAN

04/13/2023

introduction

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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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Non patentable subject matter

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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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Applicable international classes

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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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trends

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methodology

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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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Publication trends Country wise

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U.S.A.SwitzerlandIndiaGermany U.K.Others

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Publication trends state wise (india)

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Maharashtra

Gujarat

Delhi

Tamil Nadu

Kerala

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Publication trends Yearwise

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2005 2006 2007 2008 2009 2010 2011 2012 2013 20140

50

100

150

200

250

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Top 5 companies(international)

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ETHICON EN

DO-SURGER

Y, IN

C.

SYNTH

ES GMBH

KONINKLIJ

KE PHILI

PS ELE

CTRONICS N

.V

DEPUY P

RODUCTS, IN

C.

ALCON RES

EARCH, L

TD.

050

100150200250300

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conclusion

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Total number of applications published in the field of surgical instruments is 946.

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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disclaimer

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VIEWS EXPRESSED AND ERRORS, IF ANY ARE ATTRIBUTABLE TO 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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