Imagine if Dr. Heimlich demanded a fee every time his life-saving maneuver were used to clear the airway of a choking victim. It may sound outrageous, but some physicians have begun using the patent system to profit from medical procedures they have developed or claim to have developed. The bill would bar the U.S. Patent and Trademark Office from granting patents on medical procedures unrelated to patentable drugs or devices.
Medical advances depend upon the free and open exchange of information.
It is absurd to claim ownership of a surgical procedure which e volved from the clinical experience and innovation of your colleagues. Medical method patents are not only unethical, they are harmful to patients. The patent system is effective in guarding trade secrets for medical devices and pharmaceuticals, but has a chilling effect on medical advancements. The American Medical Association's code of ethics state that physicians have an obligation to share their knowledge and skills and to report the results of clinical and laboratory research. This tradition enhances patient care, leads to the early evaluat ion of technological advances, and permits rapid dissemination of improvements throughout the medical profession.