Stem Cell Patents: A Timeline View
Amit Kumar Jha
Business Development Division, Stellarix Consultancy Services Pvt. Ltd., India
The above table clearly states the history of patents in USA. Recently European Union ban on Stem Cell Patents which is a sign of threat to science. The recent ban on Stem Cell patents by the Grand Chamber of the Court of Justice of the EU is a threat to science. From legal perspective, the court’s ruling is seriously flawed. The court said “scientific research entailing the use of human embryos cannot access the protection of patent law”. But the ruling said it would permit patents where the technique was useful to the human embryo itself “to correct a malformation and improve the chances of life”. Now the courts judgment has made it impossible to patent research which is practiced in many EU states.
With the ban of Stem Cells Patents in European Union will affect the Stem Cell Research. As we saw the history of USA Stem Cell Patents in the above table stated, it is clear that the countries like USA have better laws in the Stem Cell Patents Research. Now the courts judgment has made it impossible to patent research which is practiced in many EU states.
Several small biotechnology companies are pioneering stem cell treatments in Europe and the United States. Big pharmaceutical companies — including Pfizer, AstraZeneca and Roche are also starting to conduct research in the area.
It has both the advantage and disadvantage of banning the Stem Cell patents by EU law. This law will stop the misuse of the unethical research in the field of Stem Cell Technology and also will be a hurdle in the revolution of medical sciences. Though the basic research on stem cell are being done by many Life sciences companies. They are making the way out of the medical issues faced by human beings. So ultimately, EU has to make more appropriate decision keeping the medical technology on the macro scale.
Predicting, more importantly, USA and the other countries like china have better laws comparison to EU. But still decision of banning patents of Stem Cell is in the favor of human ethics.