Legal implications and patentability of human stem cells: Australia and Japan compared

Abstract

This article reviews how the criteria for patentability apply to inventions involving human embryonic stem cells in both Australia and Japan, provides an analysis of the current position of the law, and discusses the possible implications in relation to the patenting of human stem cells.

It also examines a recent court case, Cancer Voices Australia and another v Myriad Genetics Inc and another, the first judicial decision in Australia to consider the patentability of isolated DNA or Ribonucleic Acid (RNA) sequences that challenged the statutory provisions within the Patents Act 1990 (Cth).

This article concludes that Japan is comparatively moderate in granting stem cell patents and has a far less ambiguous approach to stem cell patents than Australia.