Patent Law in Europe Discourages Embryonic Stem-Cell Research

The European Patent Office recently (Nov. 27/08) upheld their ruling that disallows patenting a process that uses human embryonic stem cells and requires destruction of an embryo. The Wisconsin Alumni Research Foundation applied for the patent in 1995, for a process that holds promise for those suffering from Parkinson's disease, diabetes and spinal cord injuries, according to Reuters. Although methods now exist for the process to be performed without destruction of an embryo, the ruling applies to the original application filed in 1995, which describes the older method.

The European agency has allowed patents on non-embryonic stem cells, those from foetal cells following termination of a pregnancy, and processes using non-human stem cells of any origin. The news of the patent rejection is discouraging to some companies doing stem cell research. If they can't protect their IP, they won't invest the money to develop the technologies. However, although there is probably a temptation to feel like we're missing out on something by not investigating all the possible technologies, there seem to be plenty of alternatives to destroying human embryos, and more will surely develop as the methods evolve and technology advances even further.

Differences of opinion abound when it comes to issues surrounding patenting in the biotechnology industry and how best to promote technology and research while maintaining ethics.

_Sources:

Montgomerie, P. Patent rules force stem-cell research to seek alternatives. The Scotsman, Edinburgh, UK. Dec. 16, 2008.

Kahn, M. European agency rules against stem cell patents. Reuters, London, UK. Nov. 27, 2008.