» » By the way, Gho’s patent rights mean nothing practically (they are only
» » symbolic), because in most countries (EU and USA included), patent
» » are not enforceable against doctors infringing on patented medical
» » procedures.
» Nope - not entirely correct. The only law, who might play a role in this
» case (Gho’s HST technique), is the 1996 US federal law, which prohibits
» patent infringement lawsuits against doctors who use medical procedures
» patented by others.
Yes. That’s the law I mean. Passed by US Congress in 1996, signed by Bill Clinton in 1997. I believe most countries of the EU have similar code statutes.
» BUT, for instance, …
» 1) medical device makers can be sued for inducing infringement of a method
» by a doctor;
Yes but so what, because medical device makers wouldn’t be performing the procedure themselves, only doctors would.
As for any implements that may be associated with Gho’s procedure, they would also have to be patented to be protected. And if they were patented, they could be protected legally because they are tools/devices, not the procedure itself.
HOWEVER, assuming Gho uses special, patented tools or devices for HST, that doesn’t mean that doctors couldn’t figure out how to do the HST procedure using other tools or devices.
» 2) this (US) law applies usually just for life-threatening
» procedures or life-improving procedures, rather than for any
» cosmetically procedures.
I don’t think so. The fact is that it’s often impossible to separate many medical procedures which treat life-threatening diseases, from those which treat not-so life-threatening ones. I don’t believe this element is in the US law, although this is an issue that’s talked about a lot. I don’t think the law mentions “cosmetic procedures” or makes an exception for them.
» Just these examples explain, why there is an increasing number of
» universities and companies who try to impose restrictions on the use of
» their intellectual property and in many (slow proceeding and costly) cases,
» even in the U.S., they (patent holders) win such lawsuits.
» But completely apart from the law, do you really think that one or some of
» such poor medical doctors in the HT field, who are fully aware about Dr.
» Gho’s patent, have the balls simply to copy and hype with what Gho
» describes and claims? Or in simply words, with what they earlier bashed
Yes, I definitely think they would do that.
Hey, if a famous doctor lied and denied that Willy told him first about ACell, and claimed to have “discovered” it for use in hair transplantation and “auto-cloning” himself, then I wouldn’t put anything past them. They are capable of anything!