The European Patent Office (EPO) announced last week that it has amended a patent relating to a method of isolating and genetically altering animal cells. The joint patent, granted in December 1999 to Edinburgh University, Scotland and Australian biotech firm Stem Cell Sciences, failed to specifically exclude human cells. Instead, the application referred to 'mammalian stem cells', which could be interpreted as covering cells from human embryos. The EPO has revised the patent following a three day hearing, so that 'it no longer includes human or animal embryonic stem cells' It said the original patent breached a European patent convention that bars the use of human embryos for commercial purposes.
The EPO admitted it had made a mistake just a few months after awarding the patent, but had to wait until outside parties filed objections before it could remedy the situation. It made the amendments following complaints from several quarters, including the governments of Germany, Italy and the Netherlands, and Greenpeace.
As well as fears that the patent could theoretically be used to genetically alter human embryonic cells, there were claims that the technology could be used in the creation of cloned humans and new cross-species of animals. The patent holders have stressed they never intended to use the new technology to clone humans, but agreed to formally limit its scope. Christof Keussen, the patent lawyer for the German government, said that last week's decision has 'put a stop to the commercial exploitation of embryonic stem cells for the time being'. A spokesman for Edinburgh University said: 'We would rather not comment until we have reviewed the decision fully'.
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European Patent Office Bars Human Cloning in Patent
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