INFORMATION FROM THE EPO
Notice from the European Patent Office dated 4 July 2006 concerning the exclusion from patentability under Rule 23d(c) and/or Article 53(a) EPC - human embryonic stem cell culture
In its decision T 1374/04 (to be published in OJ EPO), Technical Board of Appeal 3.3.08 has referred questions to the Enlarged Board of Appeal pursuant to Article 112(1)(a) EPC. They essentially pertain to the scope of the exclusions from patentability under Rule 23d(c) and Article 53(a) EPC. One of the key questions is whether claims directed to products which could be prepared exclusively by a method which necessarily involved the destruction of human embryos are patentable under Rule 23d(c) and/or Article 53(a) EPC (see http://legal.european-patent-office.org/dg3/pdf/t041374eu1.pdf). The case is pending under Ref. No. G 2/06.
Proceedings before EPO first-instance departments (examining and opposition divisions) will be stayed until issuance of the decision of the Enlarged Board of appeal only where the two following conditions are met:
- the stay of proceedings has explicitly been requested by at least one of the parties to the proceedings, and
- in the opinion of the examining or opposition division, the outcome of examination or opposition proceedings depends entirely on the decision of the Enlarged Board of Appeal.