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Should patenting of surgical procedures and other medical techniques by physicians be banned?

On March 3, 1995, House of Representatives Bill 1127 (H.R. 1127), entitled "Medical Procedures Innovation and Affordability Act," was introduced in the House of Representatives by Representatives Greg Ganske (R-IA) and Ron Wyden (D-OR). [n.1] H.R. 1127 would prohibit the U.S. Patent and Trademark Office (PTO) from granting patents on surgical procedures and other medical techniques unless such procedures were claimed in combination with a patentable medical drug or device. [n.2] *256 The introduction of H.R. 1127 was a result of lobbying efforts by the American Society of Cataract and Refractive Surgery (ASCRS). The ASCRS sought to amend current patent legislation when Dr. Pallin, a physician and holder of a no-stitch incision method patent, initiated enforcement of his patent against ophthalmologists who allegedly infringed his patented surgical procedure. [n.3] It appears that Dr. Pallin is the first party ever to file an infringement suit involving a patented surgical procedure. [n.4]