Oliver Brüstle v Greenpeace eV

An invention cannot be patented if it requires the prior destruction of human embryos, because the use of human embryos for industrial or commercial purposes is excluded.

Citation
Case C-34/10, [2011] ECR I-9821
Court
Court of Justice of the European Union
Year
2011
Subject
Intellectual Property Law
Topic
Patents: patentability and validity

Facts

Professor Brüstle held a German patent for neural precursor cells produced from human embryonic stem cells, and processes for producing them, which could be used to treat neurological diseases. The process of obtaining the stem cells required the destruction of human embryos. Greenpeace sought to have the patent revoked, on the ground that it was contrary to the EU Biotechnology Directive, which excludes uses of human embryos for industrial or commercial purposes.

Legal principle

The Court of Justice held that the concept of a human embryo must be understood in a wide sense, covering any human ovum after fertilisation and certain other cells capable of developing into a human being. An invention is excluded from patentability where the technical teaching which is the subject matter of the patent application requires the prior destruction of human embryos or their use as base material, whatever the stage at which that takes place. The exclusion also covers use for scientific research, except where the use is for therapeutic or diagnostic purposes that are applied to the human embryo and useful to it.

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