Category:35 U.S.C. § 287(c)

This category collects articles related to 35 U.S.C. § 287(c), a significant provision in United States patent law that limits the remedies available for infringement of medical procedure patents. Enacted by Congress in 1996 as part of the Omnibus Consolidated Appropriations Act, this statute creates a unique immunity for medical practitioners and related healthcare entities performing patented medical or surgical procedures.

Significance and Scope

35 U.S.C. § 287(c) represents a careful balance between:

• Maintaining the patentability of medical procedures
• Protecting physicians' ability to practice medicine
• Ensuring patient access to medical care
• Preserving incentives for medical innovation

The provision specifically addresses "medical activity" performed by a "medical practitioner" on a "body," creating a statutory exemption from infringement liability in these specific circumstances.

Key Elements

The statute contains several important definitional elements:

• Medical Activity - The performance of a medical or surgical procedure on a body
• Medical Practitioner - A licensed healthcare provider
• Limitations - The immunity does not apply to procedures involving patented:
  • Drugs
  • Devices
  • Biotechnology products
  • Processes utilizing these protected products

Related Topics

Articles in this category may explore:

• Legislative history of 35 U.S.C. § 287(c)
• Judicial interpretations and case law
• Ethical considerations in medical procedure patents
• Comparison with international approaches
• Impact on medical innovation and healthcare delivery
• Patent enforcement strategies accounting for practitioner immunity

Historical Context

This provision emerged from controversy surrounding a patent infringement lawsuit against an ophthalmologist for performing a surgical technique (Pallin v. Singer), which raised concerns throughout the medical community about the impact of patents on medical practice. The American Medical Association and other professional organizations lobbied extensively for legislation addressing these concerns.

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