PROBLEMS OF PROCESS PATENT PROTECTION IN AESTHETIC SURGERY CONCURRENCING PLASTIC SURGERY

Abstract

The objectives of this research were 1) to study the law relating to the protection of the aesthetic surgery process concurrent with plastic surgery 2) to study and analyze problems of the aesthetic surgery process concurrent with plastic surgery 3) to study of recommendations for the aesthetic surgery process concurrent with plastic surgery. It is a qualitative research. Documentary research studies emphasis on legal research.

          The results showed that : 1) The Patent Act, Section 9(4) proscribes that plastic surgery process is an invention not receiving protection in accordance with the patent law. The prescription does not include the treatment using the surgery process. However, certain aesthetic surgery processes can be used for both aesthetic surgery and plastic surgery. This differs from the European patent and The Patent Act 1977 with the determination of the scope for aesthetic surgery concurrent with plastic surgery. However, the European patent and The Patent Act determine the scope of aesthetic surgery concurrent with plastic surgery narrowly and not in consonance with the definition of actual medical surgery. 2) The popularity of aesthetic surgery in Thailand has increased which results in novel aesthetic surgery processes. Thailand should provide protection to aesthetic surgery processes concurrent with plastic surgery in order to protect the inventors of the processes based on the concepts and theories of the patent law. Protection should not be denied only because the surgery process can be used in plastic surgery. 3) In order not to allow the patentee to have a monopoly, The Patent Act should provide protection for the aesthetic surgery process concurrent with plastic surgery. Public interests should be protected in order to use the aesthetic surgery process in plastic surgery without having an offence in accordance with the Patent Act.