PATENTABILITY OF HUMAN EMBRYONIC STEM CELLS IN INDIA

The hESC research with recent developments has become one of the most desirable research fields for the scientist. The reason behind such an approach is basically the great potential to treat and cure the human race of very incurable diseases. Countries around the world have amended their policies with regards to stem cells in such a way as to enhance the advantage as the stem cell market is a trillion-dollar market. The research procedure involving patentable invention is time-consuming and requires many expenses, so the investor is always keener to know if they will get any monetary benefit. Though the medical field promises about importance of stem cell and biotechnological research, there are concerns in some countries, such as India, about potential policy implications that would affect the patenting innovations in this industry. As India lacks a coherent legislative policy regarding stem cell patenting, it is creating more confusion for research in stem cell research. Often, researchers do not want to be involved in the said research because India lacks any specific laws in said fields apart from so-called guidelines provided in 2017 with an amendment to Drug and Cosmetic Act in 2019. Patent laws play a vital role in industrial advancement, thus helping a country's economy. To enter the race of development, countries worldwide have developed their patent laws so that they achieve maximum benefits out of it. In India, with patent laws, moral, cultural and religious beliefs also play a vital role in granting a patent, specifically in the Human Embryonic Stem Cell patent.  The Article discusses topics that a researcher must be familiar with when discussing patentability issues. A few of these topics include the morality debate, stem cell and biotechnological research, and Stem cell research's patentability. Additionally, this Article identifies the discrepancies between the laws governing stem cell research within India.