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Propagation of Human Embryonic Stem (ES) Cells
Published on: November 30, 2006
Trends in the human embryonic stem cell patent field
Ulrika Karlsson1, Johan Hyllner, Kristina Runeberg
1Cellartis AB, Arvid Wallgrens Backe 20, SE-413 46 Göteborg, Sweden.
Recent Patents on Nanotechnology
|December 17, 2008
Summary
Patenting of human embryonic stem cell (hESC) research is increasing, particularly for downstream applications like specialized cell types and drug discovery. The US leads in patent filings compared to Europe, highlighting a need for clarity in European patent law.
Area of Science:
- Biomedical Research
- Intellectual Property Law
- Stem Cell Technology
Background:
- Human embryonic stem cell (hESC) derivation in the late 1990s revolutionized biomedical research.
- hESC research is protected by patents in the USA, covering composition-of-matter, differentiated cells, and usage aspects.
- European patentability of hESCs remains undecided, pending a decision from the Enlarged Board of Appeal.
Purpose of the Study:
- To analyze patenting trends for inventions derived from hESCs, focusing on downstream applications.
- To examine patents related to specialized cell types from the three germ layers: ectoderm/neuro, endoderm/hepato, and mesoderm/cardio.
- To compare patent application numbers between the USA and Europe.
Main Methods:
- Review and analysis of granted patents and pending applications related to hESC-derived inventions.
- Categorization of patents based on the three germ lineages (ectoderm/neuro, endoderm/hepato, mesoderm/cardio).
- Quantitative comparison of patent filings in the USA versus Europe between 2001 and 2006.
Main Results:
- A notable increase in patent filings for hESC-derived inventions occurred between 2001 and 2006.
- The ectoderm/neuro lineage showed the highest patent activity.
- US patent applications significantly outnumbered European applications (9-13 times more).
Conclusions:
- Patents on downstream hESC applications are crucial for the stem cell industry's growth.
- The US exhibits a more robust patenting landscape for hESC innovations compared to Europe.
- Clarification of European patent law is essential for fostering stem cell research and commercialization.
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