EU Court Strictly Limits Stem Cell Patents

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http://www.spiegel.de/international/europe/0,1518,792506,00.html

In a landmark decision released on Tuesday, the European Court of Justice ruled that stem cells extracted from human embryos cannot be patented if the embryos are destroyed in the process. The verdict could have a significant effect on the degree to which stem cell research in Europe will be used in the development of medical treatments.

The case involved a process patented by Bonn-based researcher Oliver Brüstle in 1997 whereby embryonic stem cells could be converted into nerve cells. The new cells were then used to treat neurological diseases; present day applications include the treatment of Parkinson's disease.

In its verdict, the court referred to a European Union directive which forbids the issuing of patents related to the human embryo. The court focused primarily on whether stem cells in the blastocyst stage -- when the embryo consists of just 80 to 100 cells -- fall under the EU prohibition.

"The concept of 'human embryo' must be understood in a wide sense," the court wrote in its verdict. "Accordingly, the court considers that any human ovum must, as soon as fertilized, be regarded as a 'human embryo.'"