I have developed an easy to use way to detecting blockages in the Chinese acupuncture meridian systems. Can this set of protocols be patented? If so, how do I go about doing it. Your comments and advice are most appreciated. Thank you.

2 Answers 2


Method of treatment is patentable, as far as the protocol developed by you doesnot involve any natural laws and is supported by sufficient scientific evidence.

For patenting your protocol all you need to do is generate experimental data comparing the conventional acupuncture meridian protocol (if an alternative exists) with the protocol designed by you.

If there was no alternative prior protocol available for comparison then the treatment out come can be shown as evidence.

The above example is very broad and numerous factors come into the picture when evaluating patentability. Please consult a patent attorney as they could really guide you about patentability of your protocol.

Note: Method treatment is not patentable in countries such as India.

  • 3
    I’m not at all sure you need to prove a patented technology is superior to existing technologies to obtain a patent. I think it is sufficient to be novel and useful. Of course with acupuncture the useful requirement is a question.
    – Eric S
    Jan 4, 2019 at 13:13
  • 1
    @EricShain acupuncture is “useful“, it makes a lot of money. Patent law doesn't care which kind of useful ;).
    – user18033
    Jan 6, 2019 at 19:51

Yes, it could possibly be patentable in the U.S. Although the cause and effect of the science behind acupuncture may be very unclear and the role of "blockage of meridians" may be highly questionable, an application can be written in a way that avoids those issues by sticking to an objective procedure. If your procedure involves "thinking good thoughts" on the part of the patient or the practitioner, you are out of luck. You do not need to show superior results. An example patent is Meridian point-probing device and curative effect-determining device Another is Electrical stimulus allergy treatment method Keep in mind that in the U.S. there is limited ability to enforce a method of treatment against a medical professional. See 35 USC §287(c)

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