header-logo header-logo

Cells not patentable

24 March 2011
Issue: 7458 / Categories: Legal News
printer mail-detail

Totipotent cells, which carry within them the potential to evolve into complete human beings, are human embryos and therefore not patentable, according to an Advocate General’s Opinion.

Totipotent cells, which carry within them the potential to evolve into complete human beings, are human embryos and therefore not patentable, according to an Advocate General’s Opinion.

Neither can a procedure using other embryonic stem cells, known as pluripotent cells, be patented where it first requires the destruction or modification of the embryo, Advocate General Yves Bot said.

Brüstle v Greenpeace eV (C-34/10) concerned a patent held by Mr Brüstle for a stem cell treatment for neural defects, which was being developed to help patients suffering from Parkinson’s disease.

Interpreting Directive 98/44/EC, the “Biotech Directive”, Bot said totipotent cells must be legally classified as embryos since they appeared after fusion of the gametes and therefore had the capacity of developing into fully formed human beings.

While pluripotent cells lacked this capacity, they could not be patentable if they were obtained through the destruction or modification of an embryo.
However, Bot said that uses of human embryos for industrial or commercial purposes could be allowed where these were therapeutic or useful to the human embryo, for example, to correct a malformation and ensure its survival.
 

Issue: 7458 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll