Opposition hearing on genetic stem-cell patent at the European Patent Office

- Oral proceedings on 'Edinburgh Patent' start in Munich on 22 July -

Munich, 18 July 2002 - A hearing in the opposition proceedings against the much discussed "Edinburgh" patent, related to aspects of stem cell technology starts at the European Patent Office (EPO) on 22 July. At issue is whether the patent is to be maintained, modified or revoked. The governments of Germany, Italy and the Netherlands, and the German branch of Greenpeace, are among the parties that have lodged oppositions to the patent.

The granting by the EPO of this patent to the University of Edinburgh in December 1999 led to fierce protests and triggered a major public debate on the patenting of stem cell technology. The patent was opposed by 14 parties, demanding that it be revoked. Ten of the opponents will be taking part in the hearing, which will also be attended by representatives of the University of Edinburgh as the patent proprietor.

The contested patent relates to an invention in the field of developmental biology. It describes a method of using genetic engineering to isolate stem cells - including embryonic stem cells - from more differentiated cells in a cell culture in order to obtain pure stem cell cultures.

The opponents allege, among other things, that the "Edinburgh" patent contravenes Article 53(a) of the European Patent Convention (EPC), which precludes the patenting of inventions whose exploitation would be contrary to "ordre public" or morality. The public debate centres on whether the patent as granted could also cover the patenting of humans. Edinburgh University, the patent proprietor, has made it clear that it never intended the patent to cover creation of genetically altered humans. It has therefore requested that the patent be limited.

The European Patent Office as an intergovernmental executive institution is not itself a party to this case. The EPO's Opposition Division acts as an independent arbiter and issues rulings in conformity with the European Patent Convention and the applicable international and European law.

1. The "Edinburgh Patent" is European patent No. EP 0695351 (Link to the Online Register of the EPO). The title is "Isolation, selection and propagation of animal transgenic stem cells".

2. The proceedings start at 09.00 on 22 July and may last up to five days.

3. The hearing is part of an opposition procedure provided for under the European Patent Convention. This legal right enables anyone to contest European patents. Oppositions are filed against about 6% of the European patents granted each year. The opposition period ends nine months after the patent is granted. In a special procedure involving interested parties, similar to a court hearing, the Opposition Division of the EPO decides whether the opposed patent should be maintained, amended or revoked. In the 'Edinburgh' case, the Opposition Division will comprise three patent examiners and a legal expert. The Opposition Division's decision can be contested at second instance by filing an appeal before a Technical Board of Appeal of the EPO.

4. For further information, please contact:

Rainer Osterwalder,
Press Department of the European Patent Office,
D-80298 Munich

Telephone: +4989/2399-5012
Telefax: +4989/2399-2850
mobile: +49173/9461630
e-mail: rosterwalder@epo.org

or download the EPO press kit consisting of (PDF documents)

• Background information on the European Patent Office
• Background information on patenting
• Background information on the "Edinburgh" patent