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"XY/frozen sperm" patent maintained in amended form
Munich, 30 January 2008 – The European Patent Office has maintained in amended form the U.S. company XY's "frozen sperm" patent in opposition proceedings. Having heard all the parties present at oral proceedings, the opposition division decided that the contested patent would have to be restricted in scope on the basis of the European Patent Convention. The patent now no longer contains any claims relating to frozen sperm cells.
European patent No. EP1257168 concerns a method of cryopreserving sperm samples, e.g. sex-selected sperm samples, and their use. The patent granted in February 2002 came in for criticism because it did not originally exclude human sperm cells. Greenpeace Germany, Hiltrud Breyer MEP and Monsanto filed oppositions in November 2002 requesting that the patent be revoked. In written proceedings, the patent proprietor had already limited its patent to animal sperm cells and requested that the patent be maintained in amended form.
The opposition division will publish its written grounds in due course. The decision can be appealed before a technical board of appeal of the EPO.
For more information please contact:
Rainer Osterwalder
Media Relations Directorate
80298 Munich/Germany
Tel.: +49 89/2399-1820