Embryonic Stem Cells in Mexico and the Patentability

Posted by Juanes Garza on February 16th, 2019

The wide range of diseases are treated by stem cells. This is a key research tool in therapies and personal medicine. Two major types of it are embryonic and adult. To posses higher therapeutic potential would be the task of Embryonic Stem (ES). It is because of its unique properties and derived from a five or four day old human embrio. This cell could produce all of the body’s cells, serve, and propagate like a source of replacement cells and tissue for damaged organs. Patent trademark attorney Latin America need to learn more related to this confusing case. In Mexico, the attention of stem cells growing in Mexico for last few years. Based on the research from Mexican Society for Stem Cell Research and the National Counci of Science and Technology, there are some programs to research.

R&D investments were made by human stem cells. It raised and protect the assets to create the adequate IP legal instruments. Patent trademark attorney Latin America connected o the field for adult stem cells which have been rejected by the Mexican Institute of Industrial Property (IMPI). It was for many years and it was very surprising and made the radical change of the subject. It indicated that adult stem cells could be considered perfectly patentable. It did not work for embryonic stem cells. There would be no patent, authorization, or registration that need to be granted. Even there would be not any publicity for it in the Gazette, there would be no matter.legal devices or institutions regulated by this law, the contents or form are contrary to public policy doctrine, good practices, or morals. It was explained in the article 4.

IMPI deny the patentability of ES cells because the procedure to extract ES cells need the destruction of the human embryo. Contraty to public morality was the act of IMPI. Later, IMPI had rejected patent applications concerning ES cells. Patent trademark attorney Latin America noticed that Mexico was not unique in rejecting inventions, especially related to human ES cells. The European Patent Office Division in 2009 against the Edinburgh Patent. It argued wherein human embryos to destroy in the process to obtain ES stem cells. Rhe rule and the European Patent Convention was not patentable. Just like how enlarged Board of Appeal similarly denied the patentabiluty of biotechnological inventions. It required the human embryos to commercial purposes or industrial purposes. EPO in practice accepted these type of patents only when the demonstrates could obtain without damaging the human embryos.