Golden, John M. --- "Stem cell patents in the United States" [2017] ELECD 815; in Matthews, Duncan; Zech, Herbert (eds), "Research Handbook on Intellectual Property and the Life Sciences" (Edward Elgar Publishing, 2017) 243

Book Title: Research Handbook on Intellectual Property and the Life Sciences

Editor(s): Matthews, Duncan; Zech, Herbert

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783479443

Section: Chapter 14

Section Title: Stem cell patents in the United States

Author(s): Golden, John M.

Number of pages: 13

Abstract/Description:

Stem cells have emerged as major sources of hope in biomedical research. But their production and use have also generated great controversy. The destruction of human embryos in order to produce sustainable lines of human embryonic stem cells (hESCs) has generated prominent moral battles over the funding of hESC research in the United States.But in contrast with the situation in Europe,moral concerns have generally not carried over to controversy about the issuance of US patents on stem cell technology.US debates over the patenting of such technology have focused instead on technical and economics-oriented issues relating to the requirements of patentability and the effects of patents on scientific and technological progress. Challengers of patents on stem cell technology have argued that at least a subset of such patents or associated patent claims are invalid according to US patent law’s requirements. With respect to public policy, there has been concern that the extension of either broad individual patents or narrow but numerous patents on early-stage stem cell technology interferes unduly with later research, development and use. This chapter surveys issues relating to the patenting of stem cell technology in the United States. Section 2 provides a brief description of stem cells, the controversy over broad patents owned by the Wisconsin Alumni Research Foundation (WARF), and continuing concerns with stem cell patents. Section 3 discusses patentability questions relating to stem cell technology under US law. Stem cells have great potential for use in new medical treatments and in techniques for developing new treatments.Underlying these hopes is the capacity of stem cells, particularly hESCs and induced pluripotent stem cells (iPSCs), to develop into different cell types found in the human body.Such differentiated cells might be implanted into patients to substitute for the functionality of lost, damaged, or otherwise limited cells from a variety of forms of tissue.Alternatively, differentiated cells derived from stem cells might be used in the lab for toxicological screening, the testing of therapeutic efficacy, or the study of biological processes.