Even though the biotechnological field is rapidly advancing especially in the field of stem cell research, scientists working in the field are met with the implications imposed by ethical considerations and legal boundaries connected to genetic engineering and use of human embryos in the name of science.
No patent due to human embryo destruction
The European Patent Office (EPO) recently made a ruling against
stem cell patenting in cases which involve the use and destruction
of human embryos. The ruling was a result of a patent application
filed in 1995 by the Wisconsin Alumni Research Foundation (WARF)
– a designated patent management organisation of the
University of Wisconsin – Madison in the US.
The patent application included a description of how to obtain
embryonic stem cell cultures from humans. However, the method for
obtaining this involved a destruction of the human embryos that
were used in the process. This ultimately influenced EPO's
decision on the matter. EPO's Enlarged Board of Appeal (EBoA)
decided that under the provisions of the EPC including the EU
Biotechnology Directive (98/44/EC), which was implemented in the
EPC in 1999, and Article 53(a) in particular, it was not possible
to grant a patent for human stem cell cultures obtained by such
methods.
Using human embryos as a material to obtain the desired product
which would be used for industrial purposes was considered neither
ethically or morally acceptable. In addition, the EPC prohibits all
patenting on applications of human embryos for industrial or
commercial exploitation.
The EBoA, however, did note that the ruling against WARF's
application does not concern the question of human stem cell
patentability in general.
You can read more about the patent ruling at http://www.epo.org/topics/news/2008/20081127.html
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