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A Comparative Study on Human Embryon...

Zhu, Huan.

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A Comparative Study on Human Embryonic Stem Cell Patent Law in the United States, the European Patent Organization, and China.

Record Type:	Language materials, printed : Monograph/item
Title/Author:	A Comparative Study on Human Embryonic Stem Cell Patent Law in the United States, the European Patent Organization, and China./
Author:	Zhu, Huan.
Description:	289 p.
Notes:	Source: Dissertation Abstracts International, Volume: 73-09(E), Section: A.
Contained By:	Dissertation Abstracts International73-09A(E).
Subject:	Patent Law. -
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3509317
ISBN:	9781267356628

A Comparative Study on Human Embryonic Stem Cell Patent Law in the United States, the European Patent Organization, and China.
Zhu, Huan.

A Comparative Study on Human Embryonic Stem Cell Patent Law in the United States, the European Patent Organization, and China. - 289 p.

Source: Dissertation Abstracts International, Volume: 73-09(E), Section: A.

Thesis (S.J.D.)--University of Kansas, 2011.

With the recent developments in biotechnology, associated patent law issues have been a growing concern since the 1980s. Among all the subcategories within the general field of biotechnology, human embryonic stem cell research, as one of the most controversial, is receiving different patent system treatment in different countries. China explicitly opposes the patentability of hESCs in its patent regulations on the basis that patenting hESCs is contrary to morality and the public interest. Similarly, the EPO, relying on ambiguous language in the European Patent Convention [EPC], excludes hESCs from patentability by broadly interpreting the morality clause of the EPC. In contrast, the United States has become the main progenitor of hESC patents. By analyzing the reasons to grant or deny patents on hESCs, and considering patent law doctrines and justifications, this dissertation reaches two conclusions. First, patent law should not include a morality clause and should only take into consideration technical concerns. Moral issues should be left to other mechanisms such as administrative law. This is an approach deeply rooted in the American patent system, but not in China or the EPO. Second, by reviewing the requirements of patentability such as novelty, non-obviousness and utility, it can be concluded that hESCs themselves are not patentable because they lack a specific concrete utility and, since they already exist in nature, they lack novelty as well. However, hESC production processes and derivative products are patentable.

ISBN: 9781267356628Subjects--Topical Terms:

1679968
Patent Law.

A Comparative Study on Human Embryonic Stem Cell Patent Law in the United States, the European Patent Organization, and China.
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100 1 $a Zhu, Huan. $3 2093722
245 1 2 $a A Comparative Study on Human Embryonic Stem Cell Patent Law in the United States, the European Patent Organization, and China.
300 $a 289 p.
500 $a Source: Dissertation Abstracts International, Volume: 73-09(E), Section: A.
500 $a Adviser: Andrew W. Torrance.
502 $a Thesis (S.J.D.)--University of Kansas, 2011.
520 $a With the recent developments in biotechnology, associated patent law issues have been a growing concern since the 1980s. Among all the subcategories within the general field of biotechnology, human embryonic stem cell research, as one of the most controversial, is receiving different patent system treatment in different countries. China explicitly opposes the patentability of hESCs in its patent regulations on the basis that patenting hESCs is contrary to morality and the public interest. Similarly, the EPO, relying on ambiguous language in the European Patent Convention [EPC], excludes hESCs from patentability by broadly interpreting the morality clause of the EPC. In contrast, the United States has become the main progenitor of hESC patents. By analyzing the reasons to grant or deny patents on hESCs, and considering patent law doctrines and justifications, this dissertation reaches two conclusions. First, patent law should not include a morality clause and should only take into consideration technical concerns. Moral issues should be left to other mechanisms such as administrative law. This is an approach deeply rooted in the American patent system, but not in China or the EPO. Second, by reviewing the requirements of patentability such as novelty, non-obviousness and utility, it can be concluded that hESCs themselves are not patentable because they lack a specific concrete utility and, since they already exist in nature, they lack novelty as well. However, hESC production processes and derivative products are patentable.
590 $a School code: 0099.
650 4 $a Patent Law. $3 1679968
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710 2 $a University of Kansas. $b Law. $3 2093723
773 0 $t Dissertation Abstracts International $g 73-09A(E).
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856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3509317