International Stem Cell Wins EU Top Court Case Over Cell Patent

International Stem Cell Corp. (ISCO) won a case at the European Unions top court that could pave the way for more patents in stem-cell research.

The use of organisms in stem-cell research that are incapable of developing into a human being can be patented, the EU Court of Justice in Luxembourg ruled today.

Under an EU law from 1998, research methods that involve human embryos for industrial or commercial purposes cant be patented. A U.K. court referred the case to the EU tribunal to further define the scope of what consists a human embryo.

A non-fertilized egg in research must be considered a human embryo and cannot be patented if it has the inherent capacity of developing into a human being, the EU court said. Still, in cases where an ovum commences a process of development that is not sufficient for it to be regarded as a human embryo a patent may be granted for use for industrial or commercial purposes.

Todays ruling will determine whether International Stem Cell will get a U.K. patent on a process to extract stem cells based on unfertilized human eggs, which the Carlsbad, California-based company argued shouldnt be considered a human embryo. A 2011 EU court ruling clarified that European law bans patents in stem-cell research that involve human embryos.

In 2011, the EU court said a method in stem-cell research must be considered a human embryo and cannot be patented if it can start the process of development of a human being.

The case is: C-364/13, International Stem Cell Corporation v. Comptroller General of Patents.

To contact the reporter on this story: Stephanie Bodoni in Luxembourg at sbodoni@bloomberg.net

To contact the editors responsible for this story: Anthony Aarons at aaarons@bloomberg.net Peter Chapman, Andrew Clapham

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International Stem Cell Wins EU Top Court Case Over Cell Patent