European regulators have ruled against permitting a patent on developing human embryonic stem cells (hESCs). This would lead to a significant impact on companies which are working in the area of concern.
The Board of appeals at the EPO has upheld a decision made in June to reject a patent application regarding the use of stem cells filed by the Wisconsin Alumni Research Foundation in 1995. The office confirmed that “European patent law prohibits the patenting of human stem cell cultures whose preparation necessarily involves the destruction of human embryos”. The EPC already has a laid ban in place on the patenting of inventions whose commercial exploitation would be contrary to public order or morality, and specifically prohibits patents on uses of human embryos “for industrial or commercial purposes”.
The EPO found that the stem sells in the WARF application which was developed by scientist James Thomas cannot be produced without the use and destruction of human embryos. Contrary to that the Board also made a comment that “the decision does not mean that stem cells themselves are not patentable”, thus creating ambuguities in the minds of companies in Pharma domain.
Similar WARF patent applications have been challenged in the US. However WARF noted that the decision does not affect its patents in the USA, which were upheld in March by that country’s Patent and Trademark Office.
The Board of appeals at the EPO has upheld a decision made in June to reject a patent application regarding the use of stem cells filed by the Wisconsin Alumni Research Foundation in 1995. The office confirmed that “European patent law prohibits the patenting of human stem cell cultures whose preparation necessarily involves the destruction of human embryos”. The EPC already has a laid ban in place on the patenting of inventions whose commercial exploitation would be contrary to public order or morality, and specifically prohibits patents on uses of human embryos “for industrial or commercial purposes”.
The EPO found that the stem sells in the WARF application which was developed by scientist James Thomas cannot be produced without the use and destruction of human embryos. Contrary to that the Board also made a comment that “the decision does not mean that stem cells themselves are not patentable”, thus creating ambuguities in the minds of companies in Pharma domain.
Similar WARF patent applications have been challenged in the US. However WARF noted that the decision does not affect its patents in the USA, which were upheld in March by that country’s Patent and Trademark Office.
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