Patentable invention characterized by step of treating, for example, human cells ex vivo

The following subcategory of invention is patentable subject matter under current Japanese practice.

i) a method of manufacturing medicament or medical material for a human or animal subject comprising a step of:
treating (e.g. artificial differentiation or induction, separation, purification, diagnosis) a material (e.g. cells) obtained from the human or animal subject ex vivo.

ii) a method of manufacturing medicament or medical material for a human or animal subject comprising a step of:
treating (e.g. artificial differentiation or induction, separation, purification, diagnosis) a material (e.g. cells) obtained from another human or animal subject ex vivo.


Please note that the following subcategory of invention is NOT a patentable subject matter.

iii) a method of obtaining medicament or medical material for a human or animal subject comprising a step of:
treating (e.g. artificial differentiation or induction, separation, purification, diagnosis) a material (e.g. cells) obtained from the human or animal subject ex vivo.

iv) a method of treating (e.g. artificial differentiation or induction, separation, purification, diagnosis) a material (e.g. cells) obtained from a human or animal subject ex vivo,
wherein thus obtained medicament or medical material is ultimately returned back to the human or animal subject.


The difference between patentable and unpatentable is quite difficult to grasp if you consider the true nature of the inventions. However, intention of the Japanese government is clear. They do not want to grant patents to inventions which might interfere the practice of physicians or medical doctors. The phrase "manufacturing medicament or medical material" ensures that the medicament or medical material must be manufactured, usually in a facility other than the hospital, and provided commercially. This is not a practice of most physicians or medical doctors do.