Human embryonic pluripotent stem cells do not have the potential
to develop into an entire human body. A number of reports from UK
political, medical and scientific bodies in recent years have
emphasised the enormous potential of stem cell research, including
embryonic stem cell research, to deliver new treatments for a wide
range of serious diseases.
The Patent Office will, however, not grant patents for processes
of obtaining stem cells from human embryos. According to the
Patents Act 1977, uses of human embryos for industrial or
commercial purposes are not patentable inventions.
Nor will it grant patents for human totipotent cells. Human
totipotent cells have the potential to develop into an entire human
body, and the human body at the various stages of its formation and
development is excluded from patentability by the Patents Act 1977,
as amended.
It will, however, grant patents for inventions involving human
embryonic pluripotent stem cells provided they satisfy the normal
requirements for patentability.
The framework for patenting of biotech inventions is set out by
an EU Directive, and has been implemented into UK law by amending
the Patents Act 1977.
The Directive does not explicitly address the patentability of
inventions involving human embryonic stem cells. The Practice
Notice published last week by the Patent Office sets out the new
approach to the patentability of such inventions.
Biotech inventions are judged against the normal patentability
requirements of being novel, non-obvious and industrially
applicable. Provided they can meet these requirements and are not
excluded, for example, on moral grounds, a patent can be
granted.
