Published Paper Details:

Stem cell research is an emerging trend in the field of biotechnology. Stem cell is an immature cell that has capability to differentiate into a mature cell. These cells can be used to treat many incurable diseases. There are three types of stem cells. Embryonic stem cells (ESC), adult stem cells and core blood stem cells. ESC is the most imperative form of cells which are more versatile and flexible when compared to other forms of stem cell. ESC is derived from early stage of human embryo which is called blastocyst. These blastocyst has an outer layer of cells and inner cell mass which are pluripotent in nature. They can develop into different type of tissues in the human body. But extraction of such blastocyst makes the embryo non viable. This brings in many ethical and moral issues in the society. Many countries like UK, Belgium, India etc are supporting stem cell research. Many other countries like Austria, Italy etc are opposing these researches. In India initiatives are taken by the Government to promote stem cell researches. Yet patentability of ESC technologies are still debatable in our country. National Guidelines for Stem cell Research 2017 is being adopted by India. it seeks to facilitate safe, ethical and regulated research. Novelty, Inventive step and Industrial applications are the basic criteria for obtaining patent. Embryonic stem cell technologies qualify all the criteria. In India an invention should also qualify section 3 of Patent Act 1970. According to which an invention contrary to public order or morality cannot be patented. In this research paper the researcher has analyzed challenges in patenting ESC technology and provided positive solutions for the same. The researcher also studied the various frameworks set by different countries. The researcher has discussed the ethical issued involved in ESC technology.