Volume 9, Issue 35 (Winter 2015)                   MLJ 2015, 9(35): 11-28 | Back to browse issues page

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Erfanmanesh M H, Abbasi M. Legal Protection of Embryonic Stem Cells under Patent Law Regime. MLJ 2015; 9 (35) :11-28
URL: http://ijmedicallaw.ir/article-1-383-en.html
1- Medical Ethics and Law Research Center, Shahid Beheshti University of Medical Sciences and Health Services, Tehran, Iran
Abstract:  

Research and experimentation on embryonic stem cells has opened new horizons in different fields of medical science. The particular characteristic of these cells in its ability to produce different body cells has raised the hopes for treating a wide range of diseases and repairing damaged tissues. Alongside the progress in research and technology, a variety of legal challenges have also been posed in regard to production and application of embryonic stem cells as well as their protection. One of such challenges is how to provide legal protection of inventions on embryonic stem cells under patent law regime. Defining such cells and clarifying the benefits derived from R&D projects in this field, this Article tries to examine the status and circumstances of legal protection of inventions on embryonic stem cells and differentiation methods. This Article finds that if in vitro cells have similar or the same identification markers and characteristics as cells grown in the uterus do, they are not patentable. As regards stem cell differentiation methods, where the conditions and compositions used in such methods in laboratory are the results of the scientists’ research on fetal development, such that the differentiation method concerned is regarded as the implementation of natural processes, this method lacks inventive step since it does not add any inventive concept to prior art.

Please cite this article as: Erfanmanesh MH, Abbasi M. Legal Protection of Embryonic Stem Cells under Patent Law Regime. Iran J Med Law 2016; 9(35): 11-28.

Type of Study: Original Article |
Received: 2015/05/19 | Accepted: 2015/11/3

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