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Abstract

The author analyzes the patentability of medical processes and the effect patentability has on the right to privacy essential in a physician-patient relationship. Part II of the comment provides a the legal background on the issue of the patentability of medical processes. Part III examines the impact of enforcing medical process patents and the effect disclosure of medical records has upon the privacy of the physician-patient relationship when owners of patents try to expose patent infringement. Part IV advocates that Congress should amend the Patent Act to preserve patient privacy rights when infringement is investigated. According to the author, such a proposal would alleviate concerns that patients have about disclosing information to their physicians that may be released to third parties. According to the author, amending the Patent Act would allow physician keep their rights to patent their new medical process, while at the same time serving their patents by providing them with effective diagnostic treatments and medical processes.