| At present, many countries in the world encourage and support human embryonicstem cell (HESCs) research, but most of all take a negative attitude on the patentability ofHESCs inventions. Their main reason is about the ethical considerations. With thecontinuous development of science and technology, the range of the subject matter in thetraditional patent system has been challenged. In the filed of biotechnology, the rapiddevelopment of HESCs technology and its great medical value have caused great attention.However, due to the exclusion of HESCs invention from patent protection, the newHESCs technology can not be protected by patent system. The rules of the exclusion ofHESCs technology from patent protection will be increasing challenged. Therefore weneed to the systematic re-examination on the issue of patentability of HESCs inventions.Firstly, the paper introduces the basic knowledge of embryonic stem cells, and sumsup the obstacles of HESCs invention patentability. Secondly, the legal regulation onHESCs research and the patent protection status are summarized and reviewed so as toanalyze the characteristics of some important countries’ legal system on the patentabilityof HESCs, such as United States, England, Europe and China. Then the patentability ofHESCs inventions is analyzed from the scope of patent subject matters, and the furtheranalysis on the issue of the substantial elements that granting patent right on HESCsinventions needs is done. So we generalize the conclusion that the patent protection ofHESCs inventions is feasible. Finally, the paper analyzes application of our country’spatent system to HESCs inventions, and some specific recommendations are made. |
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