Embryonic Stem Cell Patents Research Articles

How to promote the accessibility of technology in the era of hESC patents-A comparative analysis of the systems of the US and China.

We have entered the era of human embryonic stem cell (hESC) patents and the focus of discussion has shifted to how to rebalance interests. A potential way is to limit hESC patents and seek more effective utilization forms, such as ethical limitation, compulsory licensing, antimonopoly law regulation, experimental exception, and open licensing. This paper compares the restrictive measures in two major hESC markets, the United States and China, and explores the possibility of a balanced interests system.

Zdolność patentowa ludzkich embrionalnych komórek macierzystych i dopuszczalność prowadzenia oraz finansowania badań nad nimi, jako przykłady niespójności dotyczącej moralnej oceny danego zjawiska, w obrębie porządku prawnego Unii Europejskiej

Human embryonic stem cell research is a very promising area of human activity, which could lead to numerous breakthroughs in medicine. It also gives rise to many controversies mainly connected, but not limited to, the problem of exploitation and possible destruction of human embryos in the process of obtaining stem cells. The stance of European Union member states on the permissibility of such research is not uniform, it can however be financed (under some restrictions) from EU funds. By financing an area of activity the EU (or in fact any other institution) endorses such activity. However, in its judgement in case C-34/10 the Court of Justice of the European Union stated essentially that the exploitation of inventions based on human embryonic stem cells would be contrary to morality and ordre public, because the development of such inventions requires prior destruction or making use of an embryo. The described situation may be an example of an axiological inconsistency within the legal system of the EU, as its institutions clearly support an activity, not merely by tolerating it, but also by assigning funds to finance it, while at this same time, this activity is being regarded as immoral or threatening to ordre public, when it comes to granting patents. This article analyses current legal situation in regard to permissibility of human embryonic stem cell research within the EU and to the patentability of human embryonic stem cells and processes of obtaining them, in order to determine whether such inconsistency actually exists and what could be the possible consequences if it does exist.

From strict moral standards to ethical neutrality: a policy-guided shift in the patentability of human embryonic stem cells in China

Attitudes towards human embryonic stem cells (hESCs) in China have witnessed a significant shift in 2020 that can be attributed to China’s policy guidance. For ethical reasons, stricter standards are adopted to curb related regulations and patent licensing. Through the introduction of policies, some research on hESCs has been recognized as legitimate and feasible to a certain standard and scope. In the subsequent practice of patent examination, the dual influence of policy support and public interest has led to a shift in the examination standards of China’s intellectual property authority from “strict morality” to “ethical neutrality”, implying limited recognition of hESCs’ patentability. In view of the promotion of policy incentives for the transformation and application of corresponding research, there is considerable social demand to provide patent protection for research results. In this context, an adjustment of related regulations is illustrated in this revision, manifesting a partial shift in regulations towards a supportive stance consistent with policy.

Medicine Between Ethics and Scientific Progress: How Much Ethics Needs Medicine, how much ethics can it afford? Some Considerations from Patent Law Perspectives

The progress of medicine is heavily dependent on the progress of science and technology, which in turn depend on costly and risky investment in research and development. In this contribution, based on some concrete examples, new scientific achievements are presented as basis of modern medicine and source of ethical concerns. Addressed are also the role of scientists in coping with safety in ethical concerns as regards hazards of new technologies, costs of R&D investment in drug development and the role of patents in this context. In some detail the legal situation existing at an international and European level as regards exclusions from patentability based on reasons of ethics and morals is presented. A critical appraisal of the case law of the Court of Justice of the European Union as regards patentability of embryonic stem cells is offered.

Embryonic stem cell patents at European top court.

Embryonic stem cell research has long been controversial. Although it opens doors for new medical therapies for several diseases, opponents claim that it is wrong for ethical reasons. Many western countries are struggling with the dilemma between fostering biotechnological innovation in health care by means of patenting and respecting the core ethical and legal principles of human dignity and integrity. This clash between ‘new' and ‘old' values was ultimately resolved by the Court of Justice of the European Union in a highly contested ruling in 2011, the Brustle case.1

Human Embryonic Stem Cell Controversy (Patents Involving Ethical and Human Rights Concern)

Present thesis concerns one of the controversial topics of this era - the embryonic stem cell debate, more precisely in connection with their patents, ethics and human rights. The thesis deals with various alternative opinions that make this issue a hot topic. While different viewpoints will be discussed, I bring up human rights issues into this debate, which will emphasize a possible conflict between embryonic stem cell patents and human rights. This thesis aims to introduce human rights perspective into the patent laws in regards to the embryonic stem cell research. Other than that, the thesis will highlight the importance of ethics in this discussion, which has to lead into the reflection of some ethical aspects in intellectual property legislation. Hence, the thesis addresses embryonic stem cell debate and suggests the consideration of human rights and ethical perspectives in intellectual property law, resulting in building human rights framework for the Intellectual Property law.

The European Court of Justice Rules on the Patentability of Human Embryonic Stem Cells: No Patents for Inventions Relying on Human Embryos as Source MaterialBy Franz-Josef Zimmer and Benjamin Quest

The European Court of Justice Rules on the Patentability of Human Embryonic Stem Cells: No Patents for Inventions Relying on Human Embryos as Source Material<i>By Franz-Josef Zimmer and Benjamin Quest</i>

EU bans embryonic stem cell patents but decision may have limited implications

EU bans embryonic stem cell patents but decision may have limited implications

Scientists Decry Proposed European Ban on Human Embryonic Stem Cell Patents

Biotechnology Law ReportVol. 30, No. 5 PatentsScientists Decry Proposed European Ban on Human Embryonic Stem Cell PatentsPublished Online:20 Sep 2011https://doi.org/10.1089/blr.2011.9778AboutSectionsPDF/EPUB ToolsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail "Scientists Decry Proposed European Ban on Human Embryonic Stem Cell Patents." , 30(5), p. 580FiguresReferencesRelatedDetails Volume 30Issue 5Sep 2011 InformationCopyright 2011, Mary Ann Liebert, Inc.To cite this article:Scientists Decry Proposed European Ban on Human Embryonic Stem Cell Patents.Biotechnology Law Report.Sep 2011.580-580.http://doi.org/10.1089/blr.2011.9778Published in Volume: 30 Issue 5: September 20, 2011PDF download

Embryonic Stem Cell Patents: European Law and Ethics

Embryonic Stem Cell Patents: European Law and Ethics

Embryonic Stem Cell Patents: European Law and Ethics by Aurora Plomer and Paul Torremans (eds)

Embryonic Stem Cell Patents: European Law and Ethics by Aurora Plomer and Paul Torremans <i>(eds)</i>

Embryonic Stem Cell Patents: European Law and Ethics

Embryonic Stem Cell Patents: European Law and Ethics

The Ethics of Patenting Human Embryonic Stem Cells

Just as human embryonic stem cell research has generated controversy about the uses of human embryos for research and therapeutic applications, human embryonic stem cell patents raise fundamental ethical issues. The United States Patent and Trademark Office has granted foundational patents, including a composition of matter (or product) patent to the Wisconsin Alumni Research Foundation (WARF), the University of Wisconsin-Madison's intellectual property office. In contrast, the European Patent Office rejected the same WARF patent application for ethical reasons. This article assesses the appropriateness of these patents placing the discussion in the context of the deontological and consequentialist ethical issues related to human embryonic stem cell patenting. It advocates for a patent system that explicitly takes ethical factors into account and explores options for new types of intellectual property arrangements consistent with ethical concerns.

The EPO's Decision G 2/06 on the Patentability of Human Embryonic Stem Cells: Sounding the Bell for the Next Round?

However, this decision is nevertheless subject to discussion as to whether it should be considered as the EPO’s final “No” on the patentability of human embryonic stem (hES) cells in Europe. While the WARF application describes a method for obtaining hES cell cultures which necessarily involves the use and destruction of human embryos, the technical development in the embryonic stem cell research field after the filing date of the WARF application allows the generation of hES cells without the need to use and/or destroy human embryos. In view of this, applicants may have expected more clarity from decision G 2/06 with respect to the patentability of hES cells in general.

New guidance on the patentability of embryonic stem cell patents in Europe

The European Patent Office rules in the latest installment of the prosecution of the WARF patents.

Humane Embryonale Stammzellen in Deutschland und Europa: Ein Überblick zur Gewinnung, Nutzung und Patentierung

Human embryonic stem cells in Germany and Europe: an overview of derivation, utilization, and patenting. The derivation of human embryonic stem cells (hESC), as well as their utilization, and patentability are currently raising controversy and emotions in both the political and public sphere. In this context, we first outline to what degree hESC, or pluripotent cells can in practice be used for research or therapeutic goals today. We then outline the legal framework in Germany and Europe, and the degree to which it allows the use of hESC. Despite the recently implemented change in Germany’s stem cell law, it seems likely that the controversy will persist there. Finally, we explore the patentability of embryonic stem cells, especially hESC, with a specific focus on the German situation. We contrast the regulations contained in the embryo protection law and the stem cell law with those of the patent law. In our view, a double obstacle to research with human stem cells could be derived from this regulatory framework. This paper explicitely leaves ethical issues relating to hESC research outside its scope.

European Stem Cell Patents: Taking the Moral High Road?

A European law that prevents the patenting of discoveries that contravene morality is causing confusion when it comes to human embryonic stem cells. The ensuing debate is markedly different from the one in the United States, where the scope of stem cell patents and their licensing are under challenge.

Challenges to Human Embryonic Stem Cell Patents

The patenting of human embryonic stem (hES) cells has produced one of the most unusual and fraught situations in the history of science, ethics, and law. This Commentary examines legal and moral challenges to three foundational patents held by the Wisconsin Alumni Research Foundation (WARF). We conclude that, in the United States, technical challenges may, paradoxically, produce a stronger patent position for WARF. In the European Union, moral challenges mean confusion for member states. We demonstrate that hES cell intellectual property will be guided and bound by a welter of moral, technical, and legal inputs, with discrete national and jurisdictional dimensions.

The Waiting Game: Patenting Embryonic Stem Cells in Canada

The main focus of this paper is the patentability of human embryonic stem cells (hESC) in Canada. Its vast therapeutic and economic potential notwithstanding, Canada is yet to grant a patent on products of hESCs research. This paper, therefore, discusses the embryonic stem cell patent regime globally, in Europe and the U.S with a view to making recommendations on the best approach for dealing with embryonic stem cell patents in Canada.

Embryonic stem cell patents and human dignity.

This article examines the assertion that human embryonic stem cells patents are immoral because they violate human dignity. After analyzing the concept of human dignity and its role in bioethics debates, this article argues that patents on human embryos or totipotent embryonic stem cells violate human dignity, but that patents on pluripotent or multipotent stem cells do not. Since patents on pluripotent or multipotent stem cells may still threaten human dignity by encouraging people to treat embryos as property, patent agencies should carefully monitor and control these patents to ensure that patents are not inadvertently awarded on embryos or totipotent stem cells.