Differentiating stem cell patents

Stem cells are defined by their capability for both self-renewal through cell division and for producing a lineage capable of differentiating into one or more specialized cell types. Stem cells are found both in adult tissues and in the developing embryo. While embryonic stem cells are able to differentiate into each and every cell type, adult stem cells are generally only able to form the cell types of the organ from which they originate. Stem cells are essential for the renewal and repair of human tissues and have been at the centre of research into regenerative medicine. They have also emerged as a valuable tool for drug discovery and development. Strong patent protection is a crucial driver of investment into new stem cell technologies. However, their special nature has created a number of uncertainties. In particular, the biological potential of embryonic stem cells to create new human life raised ethical concerns and caused boundaries to be set on the scope of patentability. The bar has been set at different places in the USA, Europe and Canada. Careful assessment of the options for protection in these jurisdictions is necessary in order to manage risk and maximize rewards. This article provides an overview of the patentability of stem cells with a focus on recent developments regarding embryonic, adult and induced pluripotent stem cells.