Whether Human Chimera is patentable or not?|Mixture of both Human & Animal|India & USA
Human Chimera is mixture of both Human & Animal. For example, Humouse, which is mixture of human and Mouse. Lets look at the situation of patentability in India and USA. Though, situation is almost looks same in both nations.
Situation in India:
Patenting of Human chimera is absolutely barred from patenting under Section 3(b) of The Patent Act, 1970. This section states thatan invention the primary or intended use or commercial exploitation of which could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment.
Situation in USA
After Diamond vs Chakrabarthy case, the US Supreme Court said that “anything under the sun made by man is patentable”.
Therefore, it opened the flood gates for patenting. And this the readon why Newyork medical was sure of getting the patent on the Human Chimera.
Various professor of Newyork Medical college made announcement in 1997 that they would seek a patent on methods to create a chimera, a Human-animal hybrid. It was named as ‘ Human chimera patent initiative’.
Then later, application was filed to USPTO seeking a patent on a technique combining human and animal embryonic cells to produce a single hybrid mouse human being (Humouse).
Responding to this application USPTO issued a media advisory:
“Inventions directed to human/non-human fail to meet the public policy and morality”
Similarly, in 2002 Newman & Rifkin (along with other scientist) argued that patents claims were not directed to a human being or human embryos but rather a man-made chimeric animal developed from chimeric embryo and statue does not restrict such patentiblity.
USPTO rejected the application in 2004. Later, in 2011 act was passed “Leahy-smith America Invents Act, 2011” whose section 33(b) states that “Notwithstanding any other provision of law, no patent may be issued on a claim directed to or encompassing human organism”