Press Release: Advocate General’s Opinion in Case C-364/13. International Stem Cell Corporation v Comptroller General of Patents

According to Advocate General Cruz Villalón, an ovum whose development has been stimulated without fertilisation and which is not capable of becoming a human being cannot be considered a human embryo.

However, if this ovum is genetically manipulated in such a way that it can develop into a human being, it must be regarded as a human embryo and as such excluded from patentability.

• Primary Source

ECJ: Press Release, No.181, 2014 (18.12.14): Judgment of the Court of Justice in Case C-364/13 International Stem Cell Corporation http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-12/cp140181en.pdf

Blog: EU Law Analysis, 19.12.14: The CJEU clarifies when stem cells can be patented in Europe http://eulawanalysis.blogspot.co.uk/2014/12/the-cjeu-clarifies-when-stem-cells-can.html

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