A Study On The Patent Eligibility Of Invention Based On Parthenogenetic Human Embryonic Stem Cells In China

With the continuous development of biotechnology, the range of the subject matter in the traditional patent system has been challenged. The development of human embryonic stem cell-related technologies has brought immeasurable impact to human health and many countries attach great importance to it. Based on ethical considerations and other factors,however, human embryonic stem cell-related inventions are expressly excluded from the scope of patent protection object in the tradition of patent law. With the emergence of Parthenogenetic technology, people began to reconsider the scope of patent protection object. This paper discusses around this issue and concludes that parthenogenetic human embryonic stem cell-related invention has the patent eligible in my country.This paper has seven chapters which can be divided into three parts.The first part is composed of the first chapter to the fifth chapter. The first chapter introduces the topics of origin,current research, research directions and Innovation etc; The second chapter introduces the focus and judgment of International Stem Cell Corp v Comptroller General of Patents; The third chapter introduces some basic concepts, features and values of human embryonic stem cell-related invention; The fourth chapter mainly introduces on the comparative study of legislation around the world for human embryonic stem cell-related inventions; The fifth chapter summarizes the legislative status quo and management policies for human embryonic stem cell research in China; The five chapters is the basis of the discussion below.The second part is the sixth chapter, which is the most important. The author discuss from four perspectives that parthenogenetic human embryonic stem cell-related invention has the patent eligible in China.These four perspectives are Whether it is necessary to set the terms of public order and good morals, the connotation of Public Morality has changed, the balance between Healthy Right and Human Dignity; whether to grant such techniques can damage human dignity.The third part is the last chapter. The author propose some suggestion about Patent examination guidelines and recommend that our government take a relatively open position for patent protection of human embryonic stem cell-related invention.