Finding Escape Routes: Can Your Invention Avoid Or Overcome Section 3 (i ) Of Indian Patents Act : “Method Of Treatment”

Most of the inventions relating to medical device or an implant face the litmus test –”method of treatment” objection during prosecution by Indian Patent Office. More specifically, if the invention is claiming a method which directly or indirectly makes a reference to a medical condition, it becomes difficult to convince the Examiner. However, there are some successful strategies which can be adopted to avoid such situation or to handle the situation in a better way.

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