"Edinburgh" patent amended by EPO

The European Patent Office has maintained the controversial "Edinburgh"patent in amended form, such that it no longer covers human or animal embryonic stem cells. The contested patent describes a method of isolating stem cells, including embryonic stem cells, in a cell culture in order to obtain pure stem cell cultures.

"This decision reinforces and clarifies what was made explicit in one of the changes introduced in 2002 into the European Patent Convention as a result of the European biotech directive, namely that uses of human embryos for industrial or commercial purposes (in this case for producing human embryonic stem cells) are not patentable," commented Tim Andrews, a partner at the Cambridge office of Marks & Clerk, a leading UK firm of patent and trade mark attorneys.

Dr Andrews added that "the Edinburgh patent in question produced a major public outcry some months ago, focusing on whether or not embryonic stem-cell technology is appropriate subject matter for patenting, adding to the wider debate that was already raging over attempts to patent aspects of the outcome of the Human Genome Project. However, it is worth remembering that this patent was filed, prosecuted and granted prior to the changes in the European Patent Convention that were designed to address some of these fears by setting out specific subject matter such as the cloning of human beings that is not patentable."