1952, the report of the us congress on amending the patent law points out that "all man-made things under the sun can be protected by patents". However, in fact, even behind such rhetoric, the American patent guide makes an exception to the "sunshine" of patent qualification.
In Morton v. new york Eye Hospital 1862, a claim of the patent involved requested to protect a surgical method for anesthetizing patients by inhaling ether vapor. Ether is a product invention in the prior art, and the Court of Final Appeal of this case determined that the invention using ether, that is, the method of anesthetizing patients, cannot be patented. The judgment clearly pointed out: "The treatment and surgical methods of the human body are not patentable methods."
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1September 30, 996, the United States Patent Law added a clause in Article 287 of Annex A to regulate the exemption of patent infringement involving medical practitioners, in which "medical practitioners" refers to any clause sub-clause.
A natural person who has a medical license in the United States and a person who carries out medical behavior according to the instructions of such a natural person. Moreover, the object of exemption here is only the human body, and veterinarians will still be sued for infringement, unless the animals are experimental animals that treat the human body.