The European Directive 98/44//EC was introduced in EPC with entry into force on 1 September 1999.

The New Rules 23b to 23e EPC :

.Genes and Protein sequences are patentable. A function or use must be disclosed
.Isolated parts of the human body are patentable if not identical to the natural part
.Plants and animals are patentable if technical teaching not limited to a race or a variety animal suffering taken into account.

Rule 23d - Exceptions to patentability

Under Article 53(a), European patents shall not be granted in respect of biotechnological inventions which, in particular, concern the following:
• processes for cloning human beings;
• processes for modifying the germ line identity of human beings (germ line gene therapy).
• uses of human embryos for industrial or commercial purposes.
• processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial benefit to man or animal, and also animals resulting from such processes.

Are embryonic stem cells excluded under Rule 23d(c) EPC?

ES-cells can only be derived from human embryos.
ES-cells are now available as ES-cell lines which are useful as supply for studies on further modifications.

For more information, please link to European Patent Office

Unless the ruling is reversed on appeal, the implication is that applicants seeking a patent over a stem cell line isolated from human embryos will need to apply to the national patent offices in each of the European countries in which they seek protection.

For more information about National Patent Office, please  click here .