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Public oral proceedings on the "XY/Cryosperm" patent at the European Patent Office
Munich 29 January 2008 -- An opposition division of the European Patent Office (EPO) will hold public oral proceedings in opposition concerning a patent concerning related to a method of freezing sperm cells. In its original form as granted, the patent also covered human sperm cells, which caused public concern. The hearing will begin at 09.00 hrs on 30 January at the EPO's "PschorrHöfe" building, Bayerstrasse 34, room 3463.
European patent EP 1257168 was granted on 2 February 2005 to the US company XY Inc., Fort Collins/Colorado. It describes a method for freezing sperm cells selected for particular characteristics such as sex (X- or Y-chromosomes). According to the patent, control over offspring sex is deemed to be advantageous for breeding of, for example, dairy or beef cattle. Sex selection also finds application in breeding specific animals, such as race horses, and endangered species.
In November 2002, the patent was opposed by Greenpeace Deutschland, Monsanto and Ms Hiltrud Breyer, Member of the European Parliament. They request that the patent be revoked in its entirety. During the opposition procedure the patentee has modified his patent so as to longer include human sperm cells. He requests maintenance of his patent in an amended form.
The Opposition Division, an independent panel of three patent examiners, will consider the arguments for and against the contested patent as foreseen in the procedure laid down in the European Patent Convention, the law governing the granting of European patents. The outcome may be challenged by the parties involved in a second-instance procedure before the Technical Boards of Appeal of the EPO.
Anyone interested in the hearing is free to attend, but admission will be on a first-come-first-served basis, as seating capacity is limited.
For more information please contact:
Rainer OsterwalderMedia Relations Directorate
80298 Munich/Germany
Tel: +4989/23991820
press@epo.org