Analyzing the Broadening Scope of Patentability in the Advancing Field of Biotechnology

2012 ◽  
Vol 18 (4) ◽  
Author(s):  
Jessica Downing
Keyword(s):  
Stem Cells ◽  
Embryonic Stem Cells ◽  
Growth And Development ◽  
Patent Protection ◽  
Embryonic Stem ◽  
Biotechnology Industry ◽  
Patent Law ◽  
Patent System ◽  
Legislative History ◽  
Public Debates

The current U.S. patent system is considered to provide the broadest patent protection of all patent systems in existence, especially with respect to the biotechnology industry. Advances in science and technology have been key contributors to the growth and development of legislation controlling patent law. With these advancements have come vivid public debates on the morality of research with embryonic stem cells and the fusion of human and animal DNA to find cures for disease. Despite the rapid developments, the legislation controlling such research has been slow to progress. This paper will explore the legislative history surrounding biotechnology patents, focusing on the specific need for strong, adequate protection to promote the survival of the biotechnology industry.

scholarly journals Pros and cons of patenting stem cells

2020 ◽  
Vol 59 (89) ◽  
pp. 321-334
Author(s):  
Gordana Damjanović
Keyword(s):  
Stem Cells ◽  
Patent Protection ◽  
Embryonic Stem ◽  
Moral Dilemmas ◽  
Patent Law ◽  
Embryonic Cells ◽  
The Usa ◽  
Pros And Cons ◽  
The One ◽  
Further Development

The evolution and transformation of research in the field of biotechnology are clearly reflected in patent rules. In view of further development of biotechnology and the pressure from multinational biotechnical companies, gene patenting was first granted in some legal systems in order to initiate the regulation of patent protection of stem cells. Further research should provide a better understanding of the differentiation and development of stem cells, including their potential effects in curing previously incurable diseases. It should also engender new ways of exploring fundamental issues in biology, such as the mechanism of cell growth. Therefore, researchers and primarily biotech companies advocate in favor of ensuring the monopoly on the results of their research. Such a monopoly is secured by patent law. Although remarkable progress has been made in the research of stem cells, many aspects of their use, especially of embryonic cells, have not been fully clarified and made comprehensible. Successful applications of products that use a stem cell derivative (on the one hand) and moral dilemmas primarily relating to embryonic stem cells (on the other hand) have resulted in a debate that has affected many legal areas, such as patent law. Such morally challenging products have caused great concern in the USA and the EU. However, these two entities have tried to solve the problem in different ways. Different views on law, ethics and embryos have also affected different views regarding patent protection of stem cells.

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

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Xuekai Xie ◽  
Jiajv Chen ◽  
Zhengyang Shu
Keyword(s):  
Stem Cells ◽  
Embryonic Stem Cells ◽  
Human Embryonic Stem Cells ◽  
Patent Protection ◽  
Embryonic Stem ◽  
Policy Support ◽  
Significant Shift ◽  
Patent Licensing ◽  
Moral Standards ◽  
Policy Guidance

AbstractAttitudes 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.

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