Abstract
However, this decision is nevertheless subject to discussion as to whether it should be considered as the EPO’s final “No” on the patentability of human embryonic stem (hES) cells in Europe. While the WARF application describes a method for obtaining hES cell cultures which necessarily involves the use and destruction of human embryos, the technical development in the embryonic stem cell research field after the filing date of the WARF application allows the generation of hES cells without the need to use and/or destroy human embryos. In view of this, applicants may have expected more clarity from decision G 2/06 with respect to the patentability of hES cells in general.
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