European Regulators Rule Against Embryonic Stem Cell Patent

In a ruling that could suppress research by stem cell companies for commercial applications, regulators in Europe decided against allowing a patent on the development of human embryonic stem cells.

An appeal panel at the European Patent Office upheld a June decision on Thursday that rejected a patent application involving the use of stem cells.  The application had been filed in 1995 by the Wisconsin Alumni Research Foundation.

Stem cells obtained from days-old embryos behave as a type of master cell for the body, and are able to differentiate into many types of cells and tissues.

Embryonic stem cell opponents find the research immoral because it requires the destruction of the embryo.  However, supporters maintain the science holds promise to potentially cure conditions such as diabetes, spinal cord injuries and Parkinson’s disease.

The issue for firms seeking to profit from using stem cell technology is that without patent protection there is little incentive to invest in the research.

"European patent law prohibits the patenting of human stem cell cultures whose preparation necessarily involves the destruction of human embryos," said the European Patent Office in a statement.

"That is the decision reached by the Enlarged Board of Appeal of the European Patent Office (EPO)."

James Thomson, a University of Wisconsin researcher, first isolated embryonic stem cells in 1988.  That discovery, and others related to it, was later patented and held by the Wisconsin Alumni Research Foundation.  The patent had been challenged, and the appeal board’s ruling to uphold the previous decision could now prevent some companies from entering the sector and could divert investor funds elsewhere.

Firms such as Geron Corp have been granted patents on some human embryonic stem cell technologies in the United States.