The EPO's appeal board confirmed an earlier decision regarding the use of stem cells filed by the US Wisconsin Alumni Research Foundation (WARF) in 1995. The EPO, however, stressed that their decision did not concern the general question of human stem cell patentability.
Critics say research on embryonic cells is immoral, but advocates stress that stem cells taken from newborn embryos are crucial for the exploration of potential cures for diseases such as diabetes or Parkinson's. But without patent protection, companies have little incentive to finance further research in this field.
A 1998 EU directive clearly forbids patents on the industrial use of human embryos, yet industry has tried time and again to push them through. German Green MEP Hiltrud Breyer, who is also president of the European Parliament Bioethics Intergroup, "wholeheartedly" welcomed the "landmark ruling", saying that "human dignity has rightfully been put first".
She called on the European Patent Office to prohibit patents on stem cells, which cause the destruction of human embryos. "Such patents come at the expense of patients and doctors," she said, adding that patents should only allow technical use, not the gene itself.
The Conference of European Bishops also welcomed the EPO ruling, describing it as a "sensible decision and an important signal towards the protection of human embryos".
WARF said it was considering various responses and stressed that the decision would not affect patent rights in the US.
