Intellectual Property
Intellectual Property encompasses various legal constructs, including copyright, trademarks, designs, plant varieties and, patents. Among these, patents are often considered the most important type of intellectual property in the context of regenerative medicine.
Patents protect novel ideas. For a certain length of time (usually 20 years), they give the owner of the patent the right to prevent others from making, using, importing, or selling the invention without permission.
To be patentable, an idea must:
- be new – so there is no evidence that someone has thought of it before;
- have an inventive step that is not obvious to someone with knowledge and experience in the subject;
- be capable of being made or used in some kind of industry;
Not patentable in the UK are
- basic scientific discoveries or theories;
- a way of performing a mental act;
- a method of medical treatment or diagnosis;
- inventions which are against public policy or morality;
Further basic information on patents can be found, for example, in a leaflet by the UK Intellectual Property Office.
Are stem cells patentable?
This question requires a very nuanced answer. The have been thousands of patents filed which relate to stem cells in some way. Within this, intellectual property can relate to stem cell lines, culture media, polypeptides, medicinal preparations, genetic technologies, cloning, tissue scaffolds, diagnostics that identify stem cells, etc.
Controversy arises in particular with regards to the patenting of methods involving human embryos.
A patent by the University of Edinburgh, had to be amended to no longer apply to human embryonic stem cells. The question of whether human embryonic stem cells are patentable is currently pending before the European Patent Office Enlarged Board of Appeal.
Researchers at NESCI have applied to patent a human embryonic stem cell line. (PCT/GB05/00518)
How does NESCI handle intellectual property?
Much of the research carried out at NESCI has a translational or therapeutic goal. Even research that can be classed as “basic” may involve useful insights or techniques in fields such as drug discovery.
New or innovative procedures, techniques or equipment developed in NESCI are considered by the NESCI Commercialisation Group for further support and development.
The Group is made up of representatives from each of the main partners, as well as the Centre for Excellence in Life Sciences (CELS) and the Regional Development Agency One North-East. Various options may be available such as patenting, setting up a spin-out business, or licensing to commercial partners.
NESCI is committed to raising awareness amongst researchers about commercial opportunities that may exist in this field. We organise training events and seminars to explain these issues in more depth. We also inform post-graduate and undergraduate students to ensure that these issues are raised early in the careers of the next generation of researchers.
