The Korean Intellectual Property Office (KIPO) announced an amendment to its examination guidelines broadening the scope of patentable inventions using materials from human bodies (including materials from deceased persons), effective as of July 1 2008. Prior to this amendment, inventions using materials from human bodies were generally not patentable in Korea. Such inventions were believed to harm human dignity and be ethically unacceptable. Even inventions using materials from deceased persons were generally not allowed. The only exception to this prohibition under the previous examination guidelines was using parts of the human body that were obtained naturally and not artificially (e.g. surgery). For example, inventions using blood or placenta naturally discharged from the human body were allowed while use of cells removed through surgical procedures was not.

Under the amended examination guidelines, the ban against using materials from human bodies for patentable inventions has been limited. Now, materials from human bodies may be used as long as the invention does not: inevitably lead to the harm of people when practiced; inevitably lead to the oppression of personal liberties; or inevitably reduce human dignity. KIPO gave two examples of unpatentable inventions: product inventions that include cells that are obtained in an artificial way that brings harm to people; and method inventions for treating cells that are obtained in an artificial way that brings harm to people.

Moreover, under the amended examination guidelines, inventions using materials from deceased persons are now allowed if the invention is helpful to society and if the body parts in question can be obtained legally. In fact, the amended guidelines provide the following specific examples of allowable inventions which use cells or tissues separated from human bodies:

• A dermal substitute comprising mesenchymal cells of hair follicle on scaffold;
• A method for producing a chondrocyte, wherein the chondrocyte is isolated by removing a matrix from a cartilage tissue using a solution containing collagenase, hyaluronidase, trypsin, and EDTA in HBSS (Hank's balanced salt solution);
• A bone formation composition comprising a mixture of osteoblast and bio-matrix; and
• A osteoimplant comprising agglutinable mass to which powders derived from a bone are bonded.

The above amendment reflects changes to public perception regarding the human body (such as the emerging use and acceptance of organ donors). Therefore, we would encourage companies and individuals to take full advantage of these changes.

Young Jin Heo and John J Kim

Kim & Chang
Hungkuk Life Insurance Building, 9F
226 Sinmunno 1-ga, Jongno-gu
Seoul 110-786
Korea
Tel: +822 2122 3900
Fax: +822 2122 3800
all@ip.kimchang.com
www.ip.kimchang.com