ECJ Grand Chamber – Reference for a preliminary ruling – Directive 98/44/EC – Article 6(2)(c) – Legal protection of biotechnological inventions – Parthenogenetic activation of oocytes – Production of human embryonic stem cells – Patentability – Exclusion of ‘uses of human embryos for industrial or commercial purposes’ – Concepts of ‘human embryo’ and ‘organism capable of commencing the process of development of a human being’
Ruling – Article 6(2)(c) of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions must be interpreted as meaning that an unfertilised human ovum whose division and further development have been stimulated by parthenogenesis does not constitute a ‘human embryo’, within the meaning of that provision, if, in the light of current scientific knowledge, it does not, in itself, have the inherent capacity of developing into a human being, this being a matter for the national court to determine.
Judges:
V Skouris, P
Citations:
[2014] EUECJ C-364/13, (2015) 142 BMLR 67, [2015] BUS LR 98, ECLI:EU:C:2014:2451, [2015] 2 CMLR 26, [2015] All ER (EC) 362, [2014] WLR(D) 546, [2015] RPC 19
Links:
Statutes:
Jurisdiction:
European
Citing:
Opinion – International Stem Cell Corporation v Comptroller General of Patents ECJ 17-Jul-2014
ECJ (Advocate General’s Opinion) – Directive 98/44/EC – Legal protection of biotechnological inventions – Patentability – Stem cells – Stimulation by parthenogenesis of unfertilised human ova to create stem cells . .
Reference – International Stem Cell Corporation v Comptroller General of Patents ChD 17-Apr-2013
The company appealed against refusal of patentunder the provision restricting such for ‘uses of human embryos for industrial or commercial purposes’
Held: The matter was referred to the ECJ. . .
At IPO – International Stem Cell Corporation (Patent) IPO 16-Aug-2012
IPO Patent applications GB0621068.6 and GB0621069.4 relate to methods where parthenogenesis is used to activate a human oocyte (i.e. stimulation of a human oocyte, without fertilisation by a sperm cell) to . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, European
Updated: 01 October 2022; Ref: scu.557902