EU's top court opens door to some stem cell patents (updated)

International Stem Cell

18/12/2014 09:59

* Patents allowed if organism can't develop into human being 
    * Decision marks win for International Stem Cell Corp 
    * 2011 EU ruling outlawed patents on research using embryos 
 
 (Adds context on 2011 EU court ruling, background on stem 
cells) 
    By Robert-Jan Bartunek and Ben Hirschler 
    BRUSSELS/LONDON, Dec 18 (Reuters) - Europe's top court has 
opened the door to certain stem cell patents in the European 
Union by ruling that an organism incapable of developing into a 
human being is not a human embryo and may be patented. 
    Thursday's judgment by the European Court of Justice was 
made following a case brought in Britain by U.S. company 
International Stem Cell Corporation  ISCO.PK  over whether it 
could patent processes covering the use of human egg cells.  
    The case is significant because three years ago the EU court 
ruled that stem cell research involving human embryos could not 
be patented, a decision condemned at the time by some scientists 
as a "devastating" blow for medical research in Europe. 
    Although work on stem cell therapies is still experimental, 
researchers believe they could treat a range of diseases from 
Parkinson's to blindness. But excessively strict restrictions on 
obtaining patents could hobble their commercialisation. 
    California-based International Stem Cell, however, uses 
processes based on unfertilised human eggs and the EU court 
ruled that such eggs should be excluded from the ban on 
embryo-derived stem cell patents, if it was proven they could 
not develop into human beings. 
    "The mere fact that a parthenogenetically-activated human 
ovum commences a process of development is not sufficient for it 
to be regarded as a 'human embryo'," the court ruled. 
    The court said it left it to British judges to determine 
whether the specific organisms used by the U.S. company lacked 
the inherent capacity of developing into human beings and 
therefore met these criteria. 
    Stem cell research has long been controversial. Critics 
argue that using embryonic stem cells is wrong because obtaining 
these cells involves the destruction of embryos which are left 
over from fertility treatment. 
    Scientists contend the research is justified, since the 
embryonic stem cells they use are cell lines derived from 
original surplus eggs that can be maintained indefinitely. While 
adult stem cells are also being investigated as potential 
medicines, they are less flexible than embryonic ones. 
 
 (Editing by Adrian Croft and Clara Ferreira Marques) 
 ((ben.hirschler@thomsonreuters.com; +44 20 7542 5082; Reuters 
Messaging: ben.hirschler.thomsonreuters.com@reuters.net)) 
 
Keywords: HEALTH STEMCELLS/EUROPE