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14 J. Marshall J. Computer & Info. L. 131 (1995-1996)
Medical Process Patents and Patient Privacy Rights

handle is hein.journals/jmjcila14 and id is 133 raw text is: COMMENTS MEDICAL PROCESS PATENTS AND PATIENT PRIVACY RIGHTS I. INTRODUCTION If Henry J. Heimlich had patented his medical technique1 and re- ceived royalties every time someone applied his maneuver, he would have been a very wealthy man. Historically, very few physicians patent their medical processes to protect proprietary rights in their work.2 In- stead, physicians argue that immediate publication of their results in medical journals and implementation of their procedures accelerates the use of the advances by the medical community.3 Recently however, phy- sicians have sought to protect new medical processes and diagnostic and treatment methods by patenting their discoveries.4 Throughout the history of the United States, medical technology has continuously expanded through inventions such as vaccines, insulin, penicillin, and organ transplantation.5 In the last twenty years, the 1. THE NEW ENCYCLOPEDIA BRITANNICA 804 (15th ed. 1992). Doctor Heimlich in- vented the Heimlich maneuver. Id. The Heimlich maneuver is an emergency procedure whereby foreign objects are thrust out of the windpipe of a choking victim due to sudden upward pressure on the upper abdomen. Id. The maneuver is applied only when the chok- ing victim's airway is totally blocked rendering the person unable to speak, breath, or cough out the foreign object. Id. 2. Allan Bloomberg, et. al., Patenting Medical Technology: -To Promote the Progress of Science and Useful Arts, 317 NEw ENG. J. MED. 565 (Aug. 1987) (Bloomberg). In the first month of 1987, only 423 of 6418 patents filed were classified as medical patents. Id. Spe- cifically, only twenty-three were granted to hospitals, universities or colleges, or nonprofit research groups. Id. Relatively few patents are in the field of medicine. A recent survey disclosed that of the U.S. patents issued during the survey period, 6.6 percent related to medicine and 0.4 percent were filed on behalf of hospitals, universities, and not-for-profit research institutions. Id. 3. Id. at 566. 4. Edward Felsenthal, Medical Patents Trigger Debate Among Doctors, WALL ST. J., August 11, 1994, at B1, B6. 5. See Larry Thompson, Medical Technology - 20 Years of Heart Transplants; Explo- sion of This Technology Raises Questions of Cost and of Who Gets Scarce Organs, WASH. PosT, Dec. 1, 1987, at Z16. The vaccine was invented in 1796, insulin created in 1921, penicillin came into existence in 1943, and the first organ transplantation occurred in 1955. Id.

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