ItemBook Chapter

Legal Framework and Ethical Challenges in Patenting AR/VR Innovations in Healthcare Under the Indian Patent Act, 1970

Title
Legal Framework and Ethical Challenges in Patenting AR/VR Innovations in Healthcare Under the Indian Patent Act, 1970
Creator
Azyu, Helen P.; Chakraborty, Avishek
Description
Augmented reality (AR) and virtual reality (VR) are gradually becoming significant to various industries, such as gaming, education, industrial design sectors, and healthcare. Even though augmented and virtual reality breakthroughs have already revolutionised healthcare by enhancing diagnosis, treatment, medical education, training and rehabilitation, granting patents to these technologies-imposed challenges when it comes to legal and moral concerns. Section 3(k) of the Patents Act 1970 forbids patenting softwaredriven discoveries and therapy-oriented applications. Such a legal constraint could be challenging for augmented reality and virtual reality technologies in healthcare, as it mostly depends on algorithmic procedures and therapeutic functions to develop breakthroughs. Other challenges could be section 3(b) of the Patents Act of 1970, which prohibits inventions that are contrary to public order or morality or cause harm to the environment, as ethics and morality play a crucial role in patenting AR/VR healthcare technology. The primary purpose of patent law is to encourage inventions, but it can cause medical care by creating a monopoly and allowing limited access to society. Patenting AR/VR technologies is essential to address moral and ethical concerns, as patenting these technologies in healthcare will promote inequality in patient care. The purpose of the present article is to analyse the ambiguity of the patentability of AR/VR technology in healthcare under the Patents Act of 1970 while addressing moral values with references to the principles of ethics. The paper further examines secondary data on patent grants on biomedical devices that integrate AR/VR across medical disciplines. 2026 Nova Science Publishers, Inc.
Source
Shaping Tomorrow: Unveiling the Potential of AR, VR, and MR in Every Realm;pp.315-332
Date
01-01-2026
Publisher
Nova Science Publishers, Inc.
Subject
Augmented reality; Biomedical; Healthcare; Healthcare technology; India; Industry; Innovation; Moral challenges; Patent law; Technologies; Virtual reality
Coverage
Azyu H.P., School of Law, Christ (Deemed to be University), Karnataka, Bangalore, India; Chakraborty A., School of Law, Christ (Deemed to be University), Karnataka, Bangalore, India
Rights
Restricted Access; Hardcopy may be available in the library
Relation
ISBN: 979-890134179-7; 979-890134076-9;
Format
online
Language
English
Type
Book chapter

Citation

Azyu, Helen P.; Chakraborty, Avishek, “Legal Framework and Ethical Challenges in Patenting AR/VR Innovations in Healthcare Under the Indian Patent Act, 1970,” CHRIST (Deemed To Be University) Institutional Repository, accessed June 18, 2026, https://archives.christuniversity.in/items/show/25271.

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