155 STEM CELLS ARE UNDIFFERENTIATED CELLS that can divide over a long period of time regardless of their origin and therefore can self-renew, without thereby differentiating, but can also differentiate into specialized cells after appropriate stimulation. On the basis of these properties, it is hoped that sooner or later, it will be possible to use human stem cells for treatment of diseases caused by defective or inadequate functioning of certain cells. The best-known examples of such diseases are Parkinson’s, juvenile diabetes, and myocardial diseases. In 2001, The Handelsblatt had estimated the economic potential of human stem cells at US$360 billion. Because more potential fields of use continue to be added; for example, screening and testing of active substances, the actual economic potential is probably now far higher. However, human stem cells have made headlines, not only because of the possible therapeutic uses they may open up, but also because of the legal and ethical problems associated with obtaining and using them. The judiciary and legislators have made efforts to keep step with development but see themselves confronted with enormous difficulties. While on the one hand, knowledge of human stem cells is growing rapidly, on the other hand, there is a lack of clarity about the fundamental differences between the various types of stem cells and their particular potential. Legal regulations, such as the Embryo Protection Act in Germany, also have frustrated the final clarification of the potential of these cells. From the wide problem area of stem cells, only a small section, namely, the patenting of human stem cells at the European Patent Office (EPO), is dealt with in this paper. The common definitions of the various types of stem cells will be presented before the legal basis for patenting and current practice of the EPO are considered.