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Pepperdine Law Review

Oh, The Places You'll Go: The Implications of Current Patent Law on Embryonic Stem Cell Research

Stacy Kincaid

 

Abstract

This Comment will outline the various aspects of current United States patent law that inevitably impact the scope of the research performed on and pertaining to embryonic stem cells. Many of these implications are currently being felt in the biotechnology industry. However, the majority of these ramifications and the extent of the impact are yet to be experienced. Part II of this Comment will focus on the general requirements set forth by United States patent law. Parts III and IV respectively, will address the scope of embryonic stem cell research and the United States governmental impact. Part V explains the implication of current patent laws on embryonic stem cell research. Finally, Parts VI and VII focus on the potential future of embryonic stem cell research and various considerations and recommendations that should be noted as scientific advances in the field continue to be made. Thus, this Comment will describe and analyze the state of the law and its many possible implications on embryonic stem cell research while elucidating areas of discrepancies and inconsistencies in the legal structure that impact an area of technology that will inevitably affect everyone on a global and personal level.