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Hum. Reprod. Advance Access published online on November 7, 2009
Human Reproduction, doi:10.1093/humrep/dep369
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© The Author 2009. Published by Oxford University Press on behalf of the European Society of Human Reproduction and Embryology. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Opinion

Patenting human pluripotent cells: balancing commercial, academic and ethical interests

G. Bahadur1,2,4 and M. Morrison3

1 North Middlesex University Hospital Trust, Sterling Way, London, Greater London N18 1QX, UK 2 Centre for Reproductive Ethics and Rights, UCL Institute for Women's Health, 88-96 Chenies Mews, London WC1E 6HX, UK 3 Science and Technology Studies Unit (SATSU), Department of Sociology, University of York, York YO10 5DD, UK

4 Correspondence address. E-mail: bahadur.g{at}gmail.com

The article addresses the issue of the ethics of patenting in human embryonic stem (hES) cells. The current stance of the European Patent Office in citing moral objections to patents on hES cells and the monopolistic scope of the Wisconsin Research Alumni Fund/Geron patents granted by the United States Patent and Trademark Office represent twin obstacles to achieving an ethical balance in patent rights in this field. The particular issues and strategies around granting patents on hES cells can be better understood by placing them in the context of the biotechnology industry and its role in the global bioeconomy. Some possible avenues of redress are considered based on the potential to open up cell pluripotency as new terrain for intellectual property offered by new technological breakthroughs such as induced pluripotent cells. Any changes in patent law should be accompanied by increased collaboration through devices such as patent pools.

Key words: patenting/embryonic stem cell/ethics/Europe/United States

Submitted on July 16, 2009; resubmitted on August 5, 2009; accepted on August 25, 2009.


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