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The Technical Board of Appeal of the European Patent Office, in case T 2221/101, held that Article 53(a) and Rule 28(c) of the European Patent Convention do not merely exclude the patentability of biotechnological inventions that make use of human embryonic stem cells obtained by de novo destruction of human embryos, but also apply to inventions which employ publicly available cell lines which were initially derived by a process resulting in the destruction of human embryos. The decision relies on the judgment of the Enlarged Board of Appeal in the WARF case, falling in line with the perspective endorsed by the Court of Justice of the European Union in Oliver Brüstle v Green peace. [ABSTRACT FROM AUTHOR]

The article reports on the ruling of German Federal Court of Justice in a recent patent dispute between German stem cell researcher Oliver Brüstle. The article also talks about the question of patentability of inventions related to human embryonic stem cells (HESC). In 2004, Greenpeace challenged the patent on grounds of order public and morality at the German Federal Patent Court.

Deliberate release of genetically modified organisms into the environment - Mutagenesis - Directive 2001/18/EC - Articles 2 and 3 - Annexes IA and IB - Concept of "genetically modified organism" - Techniques/methods of genetic modification conventionally used and deemed to be safe - New techniques/methods of mutagenesis - Risks for human health and the environment - Discretion of the Member States when transposing the directive - Directive 2002/53/EC - Common catalogue of varieties of agricultural plant species - Herbicide-tolerant plant varieties - Article 4 - Acceptability of genetically modified varieties obtained by mutagenesis for inclusion in the common catalogue - Human health and environmental protection requirement - Exemption. [ABSTRACT FROM AUTHOR]

The article focuses on the study of biochemical and human genetic material as a part of the market framework. It mentions that biotechnology use living organisms or substances from organisms to modify a product and to develop microorganisms for special purpose. It states that DNA and genetic material is the combination of various chemicals.

The article discusses the European court case International Stem Cell Corporation v. Comptroller General of Patents, Designs and Trade Marks regarding the embryonic stem cell technologies. The Court of Justice of the European Union (CJEU) made a distinction of the stem cell biotechnologies based on fertilised and unfertilised human ovum.