Appeal panel ruling will not mean the end of stem cell research.

A ruling by the European Patent Office’s (EPO) appeal panel, published in a statement yesterday, will not mean the end of stem cell research, according to us at Withers & Rogers LLP.

 The EPO’s Enlarged Board of Appeal upheld an earlier decision to reject a patent application regarding the use of stem cells filed by the Wisconsin Alumni Research Foundation in 1995. In its statement, the EPO commented that “European patent law prohibits the patenting of human stem cell cultures whose preparation necessarily involves the destruction of human embryos."

Adrian Tombling, patent attorney and life sciences expert, said:

“This ruling is significant, particularly in the UK, where stem cell research is more advanced than in some other countries, such as the US, where there is strong ethical opposition.

“While significant, it does not mean the end of stem cell research - far from it. This ruling only affects inventions which involve generating stem cells through the destruction of embryos. As there are now a number of potential alternative methods for obtaining stem cells, this decision is unlikely to hinder research in this area.  Accordingly, using stem cells in order to develop potentially life-saving products will continue.”

Stem cell research projects are currently underway to find potential cures for conditions including diabetes, Parkinson’s Disease, spinal cord injuries and cancer.