McMahon, Aisling and Masterson, Sinéad (2025) ERC PatentsInHumans: Year 2 Report. Project Report. Maynooth University.
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Abstract
Building upon work in year 1, a key part of the research in year 2 focused on
developing deeper understandings of the potential bioethical issues posed by
patents over technologies related to how we treat, use and modify the human
body. Research was conducted to develop a deeper understanding of scope of
the ‘bioethical’ implications which can arise in such contexts, and how
‘bioethics’ as a term is defined within the project. Relatedly, Prof McMahon
developed further her research refining the five-category taxonomy used within
the project of patentable ‘technologies’ related to how we treat, use or modify
the human body, namely: 1) patentable ‘technologies’ that are derived from the
body such as isolated human genes which are patentable in Europe; 2)
patentable ‘technologies’ which comprise of tools acting on the body, such as
tools used in diagnostic or surgical processes; 3) patentable ‘technologies’ that
are chemical substances created outside the body but which treat the body,
such as medicines; 4) patentable ‘technologies’ that are integrated with the
body, such as elements of medical devices; and 5) ‘technologies’ which are
intended to be used in ways that can enhance the human body, or alter the
creation of future human life. The research led to refining of category 5, as
although some technologies within categories 4 and 5 may overlap (such as
where technologies have dual uses), for the purposes of category 5 the project
is interested in the distinct bioethical implications posed by patents over
technologies which are intended to be used in ways which could enhance the
body in significant ways, or technologies that are intended to be used to
create/change human life, such as in the assisted human reproductive or gene
editing contexts.
Item Type: | Monograph (Project Report) |
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Keywords: | PatentsInHumans; Year 2 Report; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 19688 |
Depositing User: | Aisling McMahon |
Date Deposited: | 14 Apr 2025 10:02 |
Publisher: | Maynooth University |
Funders: | European Research Council (ERC) |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/19688 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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