Patenting Of Medical Procedures A Risk To Patients, Says WMA
The patenting of medical procedures poses serious risks to the effective
practice of medicine by potentially limiting the availability of
new procedures to patients, according to a new Statement issued
by the World Medical Association.
The Statement declares that the patenting of medical procedures
is unethical and contrary to the values of professionalism that
should guide physicians' service to their patients and relations
with their colleagues.
The WMA is encouraging its national medical association members
to make every effort to protect physicians' incentives to advance
medical knowledge and develop new medical procedures.
The Statement, which was adopted by the WMA's annual general
assembly meeting in Tel Aviv at the weekend, makes a distinction
between patenting medical devices, which it says is acceptable,
and patenting medical procedures.
It says that as a result of medical process patents patients'
access to necessary medical treatments could diminish because:
- the cost of medical practice would be likely to increase through
licensing fees;
- some physicians capable of performing the patented procedure
might not obtain licenses to perform it;
- physicians may be deterred from undertaking procedures which
they think might infringe patents;
- physicians' obligations to teach skills to their colleagues
might be undermined;
- physicians might have to delay publishing new results;
Commenting on the new Statement, Dr Anders Milton, chairman
of the WMA Council, said: ' Patenting of medical procedures is
not good news for patients. Doctors have an obligation to improve
their practice and procedures and to share that information with
their colleagues for the benefit of patients. Patenting procedures
would prevent that and would be unethical'.
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