Zdolność patentowa chirurgicznych i terapeutycznych sposobów leczenia oraz diagnozowania ludzi
The patentability of ways of treating humans by surgical, therapeutical and diagnostical methods

Summary/Abstract: In this work authors attempt the analysis of the patentability of ways of treatment of humans bysurgical and therapeutical methods and diagnostical methods. In the first part of the article they discuss both patentability prerequisites established in the national legal system and a basic divisionof treatment methods into therapy and surgery. In the further part they discuss examples of surgical and therapeutic (psychiatric) procedures conducting appraisal of their potential patentability. Also, in this part, the authors forward the thesis, different from the hitherto existing doctrine, that legislators introducing a ban on patentingways of treatment of humans by surgical methods have left a legal „gap” enabling obtainingpatent protection for all procedures of aesthetical and cosmetic medicine, which aim only andexclusively at improvement of appearance and self appraisal of a patient.In the third, and the last, part, the authors refer to the possibility of patenting methods conducting extrasomatic diagnosis where the biological material do not return the patient’s body.

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