News in the IPR field

European Union renders opinion on stem cell patenting

25.10.2011

Research on human embryonic stem cells and their therapeutic use has long been a subject of interest and ethical discussion. Because stem cells are believed to play a significant role in treatment, their patent protection is also considered important.

The European Court of Justice has on 18 October 2011 rendered an opinion on the interpretation of the concepts used in the Directive on biotechnology (98/44/EY). The opinion was requested in connection with the appeal against the Brustle patent. In the decision, the court states its opinion on the use and patenting of embryonic stem cells for industrial or commercial purposes.

The court interpreted the concept "human embryo" to relate to all phases of development right from the fertilized ovum. Therefore, a process that uses stem cells obtained from the blastocyst phase of the ovum and that causes the destruction of an embryo cannot be patented.

An invention also cannot be patented when the implementation of the process first requires either the destruction of human embryos or their use as base material even though the description of the process does not mention the use of human embryos.

Additional information on the matter from European Patent Attorney Pirta Tiiro.