The Patentability of Stem Cell Isolation and Direction Methods in New Zealand

34 Pages Posted: 12 Jul 2019

See all articles by Alexandra Moore

Alexandra Moore

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: July 4, 2017

Abstract

Stem cell isolation methods were granted patents in 2007, since then the Patents Act 2013 has been enacted which specifically excludes inventions using human embryos. Questions have arisen about whether stem cells are still patentable subject matter in New Zealand or whether they are excluded under s 15. Earlier decisions failed to consider whether stem cell isolation methods were a “manner of manufacture”. Under s 15, whilst hESC and other specific methods are excluded under the specific examples provided, it is unlikely that all stem cell methods would be excluded from patentability. It is also likely that any analysis of “manner of manufacture” would reveal that stem cell methods do not present the same concerns as many other biotechnological inventions as the methods are a completely artificial means of producing a product. It is highly unlikely that IPONZ would find that stem cell methods were outside the scope of “manner of manufacture”.

Keywords: Patents, Stem Cells, Morality, and Manner of Manufacture

JEL Classification: K00

Suggested Citation

Moore, Alexandra, The Patentability of Stem Cell Isolation and Direction Methods in New Zealand (July 4, 2017). Victoria University of Wellington Legal Research Paper , Available at SSRN: https://ssrn.com/abstract=3415221 or http://dx.doi.org/10.2139/ssrn.3415221

Alexandra Moore (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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