The limits of “ordre public” and “morality” for the patentability of human embryonic stem cell inventions

• Author: Viola Prifti
• DOI: http://doi.org/10.1111/jwip.12109
• Published date: 01 March 2019
• Date: 01 March 2019

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2wileyonlinelibrary.com/journal/jwip J World Intellect Prop. 2019;22:2–15.

DOI: 10.1111/jwip.12109

ORIGINAL ARTICLE

The limits of “ordre public”and “morality”for

the patentability of human embryonic stem

cell inventions

Viola Prifti

Rights & Science, Jean Monnet Centre of

Excellence, University of Perugia, Perugia,

Italy

Correspondence

Viola Prifti, Rights & Science, Jean Monnet

Centre of Excellence, University of Perugia,

Piazzale Gambuli, Building A-7th floor,

Perugia, Italy.

Email: viola.prifti@gmail.com

Inventions involving huma n embryonic stem cells (hESC )

have unprecedented potential to improve human life

through discovery of new d rugs and treatment of

incurable neurodegenerative diseases, but at the same

time, the use of human embryos in research gives rise to

contrasting ethical, mor al and religious views on the

patentability of such inventio ns. Whether and to what

extent patent offices should take these views into account

is an open question. The “ordre public”and “morality ”

clause in patent law may help u s find an answer, but

neither the legislator nor cour ts have clarified the meaning

of these vague terms. Judicial interpretation has some-

times increased their ambiguity and raised legal uncer-

tainty for the patentabilit y of hESC inventions. This

situation may be desirable in some cases, but not in

others where the principle s of the legal system as a whole

come into play. This paper will shed light on the meaning

of “ordre public”and “morality”for hESC inventions by

examining patent law in the broader legal framework and

emphasizing the intercon nectedness of national lega l

systems in a global market as well as the common interest

in healthcare innovations .

KEYWORDS

hESC inventions, ordre public and morality, patent law

© 2018 The Authors. The Journal of World Intellectual Property © 2018 John Wiley & Sons Ltd

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