On August 6 2007, the Intellectual Property Office of Taiwan implemented an overhaul of the standards related to the examination of biotech inventions.
The new standards promulgated by the Intellectual Property Office provide clear guidance for determining whether a biotech invention related to biological cloning technology and human embryonic stem cells should be deemed detrimental to "public order, morality or public health," referred to in Article 24(1)(3) of the Patent Law.
To be specific, human embryos for industrial or commercial purposes, as well as artificial organ- or tissue-like structures generated substantially through the hand-of-man by combining various cellular components and/or inert components are no longer excluded from patent protection. In addition, human embryonic pluripotent stem cells developed from human totipotent stem cells, which do not have the potential to develop into a human individual, are not deemed to be detrimental to public order and morality.
Nonetheless, with the aim of respecting bioethics and the right to life, the following subject matters are still excluded by the Intellectual Property Office from patent protection:
Cloned human beings and processes for cloning human beings (including technology of dividing embryos);
Processes for modifying the germ line genetic identity of human beings and products resulting from them;
Chimeras produced from a germ cell or a totipotent stem cell of human beings or animals and processes for producing the chimeras; and
Products and processes involving various stages in the formation and development of the human body
The change in patent practice is expected to stimulate the study of human embryonic stem cells and increase the number of patent applications related to them in Taiwan.
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Joe-Ling Lin |
Saint Island International Patent & Law Offices
7th Floor, No.248, Section 3
Nanking East Road
Taipei 105-45
Taiwan, R.O.C.
Tel: +886 2 2775 1823
Fax: +886 2 2731 6377
