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@article{193526,
        author = {Sangeetha Murali S},
        title = {PATENT ELIGIBILITY OF DIAGNOSTIC PROCESS IN INDIA: AN ANALYSIS OF THE RECENT TRENDS},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {10},
        pages = {430-436},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=193526},
        abstract = {Innovations related to diagnostic procedures are outside the protection of patent law under section 3(i) of the Patent Act, 1970. The provision categorically devoid patent or claim to any invention which lays down the procedure for treating a human or an animal. But, in the light of the emerging advancements in the field like gene therapy, regenerative medicine and other progressive and sophisticated medical advancements, the line of difference between a procedure for diagnosis and the subject matter of such eligible inventions often becomes blurred. This article examines how the Indian patent laws provide for such patent exclusions and how such provisions are being interpreted by the Indian Patent Office and the courts. The recent judicial interpretations pertaining to different inventions for the grant of a patent containing diagnostic claims have rendered observations from the courts as to how there has to be interpretive clarity and procedural steadiness in terms of patent eligibility exclusions under the Indian law. In the light of such developments, the article devolves into an analysis of such recent decisions by various high courts, the rationale given by the Indian Patent Office in such patent applications.  Through a doctrinal research through analysis of statutory provisions, Patent office practices, recent judgements, the article aspires and advocates for robust emulative and interpretative framework for evaluating and analysing diagnostic patent claims in India that reiterates to objectives of access to health care innovations and an extension of right to health of the public.},
        keywords = {innovation, diagnostic inventions, medical process claims, public health, right to health, health care inventions, access to health care, patent claims, Patentability},
        month = {March},
        }