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International Stem Cell Corporation v. Comptroller General of Patents, Designs and Trade Marks

Case C-364/13 (2014)

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International Stem Cell Corporation v. Comptroller General of Patents, Designs and Trade Marks

European Union Court of Justice
Case C-364/13 (2014)

Facts

The International Stem Cell Corporation (ISCO) (plaintiff) applied for two patents involving artificial parthenogenesis—a form of asexual reproduction. However, the type of human ova (i.e., female egg cells) used in ISCO’s processes were not capable of commencing the process of developing a human being. The patent court of the United Kingdom rejected the applications on the ground that human embryos were not patentable under European Union (EU) law. The matter was appealed to the EU Court of Justice for a preliminary ruling. ISCO argued that the rule against patentability of human embryos applied only to organisms that were capable of developing into a human being.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Intellectual Property

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