Ethical Concerns Block Patents of Useful Embryonic Advances

As the science of cloning and embryonic stem cells advances at a breathtaking pace, universities and companies are seeking sweeping patent claims over the new technologies. In the US , patent applications in these two areas have jumped 300% in just the last year.

But ethical prohibitions embodied in patent law in the US and Europe are preventing scientists from securing patents on some pioneering biological inventions.

At issue in the US is the 13th Amendment to the Constitution, which abolished slavery. Patent documents show that the legal prohibition against owning humans has complicated efforts by Geron Corp. and closely held Advanced Cell Technology Inc. to patent medical uses of human cloning technology.

On the other side of the Atlantic, where mistrust of biotechnology runs deeper, the European Patent Office has put the whole field of embryonic stem cells on hold. Christian Gugerell, director of biotechnology at the European Patent Office, says his examiners are delaying issuing patents related to embryonic stem cells until an ethics committee established by the European Commission issues recommendations on topics that include the definition...