The Intellectual Property Landscape for IPS Cells

Stanford Journal of Law Science & Policy, Vol. 3, p. 17, 2010

20 Pages Posted: 28 Dec 2010  

Robin Feldman

University of California Hastings College of the Law

Deborah Furth

affiliation not provided to SSRN

Date Written: December 1, 2009

Abstract

Beginning in 2006, induced pluripotent stem cells have raised the tantalizing possibility that stem cell research could move forward without the significant moral and ethical dilemmas that have paralyzed the field. These cells, known as iPS cells, originate from adult somatic cells, but function in a manner that is almost equivalent to embryonic stem cells. If iPS cell research lives up to its promise, stem cell research, diagnostics, and treatment could be accomplished without destroying or in any way interfering with human embryos or their development.

While we may be entering a historic moment in stem cell research, we are also facing a historic period in American patent law. Of the five key principles of patentability, three are currently in flux, creating challenges for those who would navigate the system. In the brief space allotted here, we will survey the shifting landscape in American patent law, as it may affect the rights available to iPS cell inventors. This brief overview may serve not only as an alert for scientists in the field, but also as a reminder to those of us in the patent world that our failure to resolve doctrinal uncertainties can have a tangible effect on scientific research.

Keywords: patent, stem cells, iPS cells, biotechnology, life science, life sciences, law and science, law & science

Suggested Citation

Feldman, Robin and Furth, Deborah, The Intellectual Property Landscape for IPS Cells (December 1, 2009). Stanford Journal of Law Science & Policy, Vol. 3, p. 17, 2010. Available at SSRN: https://ssrn.com/abstract=1731652

Robin Feldman (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

Deborah Furth

affiliation not provided to SSRN ( email )

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