The Patentability of Stem Cell Isolation and Direction Methods in New Zealand
34 Pages Posted: 12 Jul 2019
Date Written: July 4, 2017
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: Suggested Citation