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1 responses to 'SHOULD STEM CELLS BE PATENTABLE IN NZ?'

Stem cell technologies have the potential to revolutionise the way certain human diseases are treated such as Huntingdon’s disease and cancer. These technologies are still in their infancy and a current source of stem cells in research is from early human embryos (so called ES cells). Clearly the use of human embryo tissue is contrary to morality. However more recent methodology has been developed which will allow the creation of induced pluripotent stem (iPS) cells from previously differentiated cells. Such alternative sources of stem cells avoid the destruction of human embryo tissue and therefore the immoral aspect of stem cell technology. The viewpoint that these iPS cell methodologies are essentially patentable has been adopted by the European Patent Organisation (EPO) and more recently the UK, Australian and Canadian Patent Offices. In a landmark decision in 2007, the US Patent and Trade Mark Office upheld its decision to issue three patents in the name of the Wisconsin Alumni Research Foundation (WARF) which cover methods for obtaining stem cells from fertilised human embryos and the embryonic stem cell lines themselves. These patents were challenged by a community rights group on the basis of obviousness. However the patents were upheld by the USPTO (although corresponding applications have been rejected by the EPO on the basis of destruction of human embryo tissue). Since then further patents have been issued by the USPTO in relation to stem cell technology. Capitol investment into these methodologies is unlikely to occur unless the research institutions or companies carrying out this research are given the prospect of recouping their investment. As the purpose of the patent system is to encourage innovation and the development of inventions which benefit society then on balance patenting of such methodology or the iPS cell lines themselves should be adopted by the New Zealand Intellectual Property Office.