CJEU Court Agrees with ISCO and UK Court. Finds Parthenote?s not Human Embryos. This opens the way for EU patents to be filed.
The Advocate General delivered his opinion this morning, agreeing with the UK Court and ISCO that parthenotes, because they cannot become humans, should not be considered part of the definition of a human embryo.
"V - Conclusion
80. In the light of the foregoing, I suggest that the Court should answer the question referred by the High Court of Justice, Chancery Division (Patents Court) as follows:
Unfertilised human ova whose division and further development have been stimulated by parthenogenesis are not included in the term 'human embryos' in Article 6(2)(c) of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions as long as they are not capable of developing into a human being and have not been genetically manipulated to acquire such a capacity."
Disclosure: The author is long ISCO.