Abstract
The domain of human stem cell inventions is a complex area muddled with ethical and moral dilemmas and the almost miraculous potential of human stem cell-based inventions in curing diseases such as diabetes, heart diseases, leukemia, and lymphoma. While the ethical and moral concerns in this area need to be dealt with proper sensitivity, the billion-dollar stem cell market that can cure so many common but lethal diseases also needs to have proper patent protection. The article aims to portray the challenges of the patenting landscape of inventions related to human stem cells across the USA, Europe, and India from the patent application requirement angle: how much India is lagging and how India can ensure that it does not fall far behind. The study reveals that compared to the USA, Europe, and the world, a smaller number of patent applications are being filed in this area in India. The top technology companies working on human stem cells rarely come to India, and India is giving little to no protection to inventions related to human stem cell technology due to subject-matter restrictions. Europe has balanced the ethical and moral issues with the need for patentability protection of this crucial technology. This article will show how India needs to take a more balanced approach in this regard.
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