The Court of Justice of the European Union Thursday allowed the patenting of eggs activated by genetic manipulation. A breakthrough for research, but conditional: these eggs should not be able to develop into human beings. Court , which followed the opinion of the Advocate General, had been seized by British justice regarding the case of a biotechnology company, International Stem Cell Corporation ( ISCO ). The latter had filed two patent applications to the UK Intellectual Property Office, covering technology producing pluripotent stem cells (which can develop into any cell of the human body) from human eggs.
The unfertilized egg is no destruction of embryos
These eggs are activated by parthenogenesis or in the absence of sperm, to trigger the embryogenesis without fertilization. The British Office had rejected these patent applications on the grounds that inventions based on the use or destruction of human embryos are not patentable under the européen.La ISCO company law had then challenged this argument, explaining that an egg activated by parthenogenesis is not able to become a human being.
In Thursday’s ruling, the Court explained that “to be described as ‘human embryo’, a human ovum must necessarily have the intrinsic capacity to develop into a human being. ” Therefore, she continues, “the mere fact that a human egg activated through parthenogenesis begins a process of development is not enough to be considered a human embryo”.
A guard if the egg is “developing as a human”
On the other hand, said the Court, “in the event that such an egg would have the intrinsic capacity to develop into a human being, it should be treated in the same way that a fertilized human egg at all stages of its development. ” It therefore refers to the British court the task of verifying whether qu’ISCO organizations wants to patent or not have the intrinsic capacity to develop into a human being.
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