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25 Aug 2009The allowability of patent claims relating to stem cells has yet to be challenged in the New Zealand courts.
In 2007 a decision of the Assistant Commissioner at IPONZ
accepted two patents relating to differentiation of primate stem
cells and stated that there was no "deeply rooted" belief against
stem cell research among the New Zealand population. This
overturned the examiner's initial objection that patenting of stem
cells was "contrary to morality" under section 17 of the Patents
Act.
Since this decision IPONZ has issued a practice note
contradicting the Assistant Commissioner's decision, stating that
it will raise objections against such patent claims under section
17. It currently continues to do so.
Should patent claims relating to stem cells be allowed in New
Zealand or do you think it is "contrary to morality"? How should a
decision on this issue be made?