Sub Navigation
"XY/frozen sperm" patent maintained in amended form
Désolé. Actuellement, cette page n'existe pas en français.
The European Patent Office has maintained in amended form the US company XY's so-called "frozen sperm" patent in opposition proceedings.
Having heard all the parties present at oral proceedings, the opposition division decided that the contested patent will have to be restricted in scope on the basis of the European Patent Convention.
Formerly an issue of public concern because of its biotechnological implications, 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.
Granted to the XY Inc., Fort Collins, Colorado, in February 2002, the patent drew public 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 its entirety.
In written opposition proceedings, the patent proprietor had already modified his patent to limit it to animal sperm cells. He 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.