Human stem cell patents can be OK, says UK Patent Office

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.