Comparative Study Of Stem Cells

Stem cells have the remarkable potential to develop into many different cell types in the body. There are a lot of arguments and disputes around the issue of stem cell patents. This dissertation comparatively studies the issue by referring to the legislation and judicative practice of the Europe and the US.Chapter one discusses the concept of stem cell, the significance of stem cell research, as well as several practical problems relating to stem cell patents while China establish patent law to protect stem cell, which are, whether totipotent stem cells and embryonic stem cells are patentable subject matter, whether somatic stem cells and its making reach the requirements for utility and how the applications of stem cells reach the requirements for full disclosure. Chapter two to Chapter four respectively discusses the research policy as to stem cell in the Europe, the UK and the US, the corresponding laws and regulations regarding stem cell research and patents, and analyzes the patenting practice of stem cell in different countries and regions by referring to some cases. Chapter five discusses the situations of stem cell research and patenting in China, and compares and analyzes the requirements for patentable subject matter, the stipulation of utility, full disclosure from the Europe, US and the UK.The final part is conclusion and proposals, some practical proposals have been raised as to the patenting policy, legislation and management of stem cell. It is believed here, in the new and emerging field like stem cell, the research in this field of China and the other countries is almost at the same starting point, and Chinese researches even have some advantages in some aspects. In this situation, the patent system which purpose is to stimulate the technology improvement, it should encourage stem cell patents instead of excluding it from patentability, however, we should be cautious as to the scope of individual case, the invention of application should be clarified to fulfill the requirement for utility, and prevent inappropriate patenting from hindering the development of stem cell technology.The conclusions and proposals including: firstly, the stipulation as to human stem cell and its making method which can't be patentable in China according to《Patent Examination Guidelines》should be abolished; secondly, the non-treatment-purpose surgical method should be covered by Art.25, the excluding subject matter which can't be patentable, lastly, the requirement for full disclosure should be strictly implemented regarding stem cell applications.