Biotech: the EPO on the patentability of human embryonic stem cells
With a decision dated 4 February 2014 (Case T-2221/10), one of the EPO Boards of Appeal ruled on the highly debated issue of human stem cell patentability under the European Patent Convention (EPC). In particular, the board confirmed that human embryonic stem cell inventions are not patentable under article 53(a) of the EPC and clarified the technical and legal boundaries of such exclusion.
The board confirmed that, under the provisions of both article 53(a) and rule 28(c) of the EPC Implementing Regulation, any invention concerning and/or based upon human stem cells or stem cell lines and cultures that can only be obtained de novo via the prior destruction of human embryos are excluded from patentability due to their being ‘contrary to public order or morality’ and as they consist of ‘uses of human embryos for industrial or commercial purposes’…
Click on the link below to read the rest of the NCTM briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from NCTM
News from The Lawyer
Briefings from NCTM
Can a debtor subject to a concordato preventivo pre-filing regime be authorised to sell some of its assets?
The ECJ has held a secondary insolvency proceeding in the member state where the debtor has its registered office may be opened at the request of creditors entitled under the law of that state.
Analysis from The Lawyer
Being sent to London on secondment is a prized opportunity for associates in European firms