Research On Human Embryonic Stem Cells Invention Patent Protection

With the development of biotechnology and the biomedical, the huge economic value of human embryonic stem cell technology in the field of “regenerative medicine” continues to push forward the process of patenting the technology. But due to the extraction of human embryonic stem cells need to destroy human embryos, so that the patents on the technology of the controversy, including the controversy of “the ethical and legal status”. All over the world including the developed countries, there is great controversy on the problem of patent protection of human embryonic stem cell technology.Although China has given great attention and support to the stem cell technology with national strategy and policy, human embryonic stem cells invention is still excluded from the scope of patent protection according to the current Patent Law and the Guidebook to Patent Examination. So at present, the majority of Chinese human embryonic stem cell research results lack of protection of the patent law. Thus, on the basis of the basic theory of the patent law, this article explores the issues related to human embryonic stem cell technology patent protection in China by referring to the foreign research results, embryonic stem cell patent system, typical cases and international treaties, and meanwhile integrating the issue with the ethics, philosophy, policy and other domestic effects on the embryonic stem cell technology.The first part of this paper introduces the study on human embryonic stem cells and the significance of its patent protection. Some corresponding introduction of the stem cell and its sources are first presented, paving the way for the further discussion. And then, the achievements of human embryonic stem cell research and its great influence on human are illustrated.The second part analyzes the barriers of human embryonic stem cells invention patent protection from three aspects: ethical, legal, and benefit factors. The author attempts to clarify the obstacles of human embryonic stem cell technology patent protection in different areasThe third part makes a comparative analysis on the patent protection status of human embryonic stem cell research between USA and EU from the aspects of theory research, the legislative orientation and case study in every country to obtain the corresponding inspiration.The fourth part focuses on the patentability of human embryonic stem cell technology in China. In line with the basic theory and review rules of the Chinese patent law, a concrete analysis of the patentability of human embryonic stem cell technology is made.In the fifth part, the author comes up with some suggestions on human embryonic stem cell patent protection in China. Based on the previous analysis, this part puts forward the principles to differently deal with the problems of patent protection of human embryonic stem cell technology, recommends the establishment of specialized ethics review committee in the patent examination department, and advice to perfect the review mechanism of human embryonic stem cell genetic resources in our country.