Europe boosts stem cell patent rights

Cultures of ISCOs parthenogenetic stem cells, made from unfertilized human egg cells.

Stem cells produced by Carlsbad's International Stem Cell Corp. can be patented, a European court ruled Thursday. The decision allows the biotech company to get patents for its stem cells made from unfertilized, or parthenogenetic, human egg cells.

In related news, the company said Thursday it plans to apply by the end of the year to do a clinical trial of a Parkinson's treatment derived from its parthenogenetic cells.

The trial should begin in a couple of months, said Simon Craw, the company's executive vice president of business development. The company will need to raise about $5 million for the trial, he said.

International Stem Cell is developing these cells as an alternative to human embryonic stem cells, which many regard as morally wrong. Moreover, the parthenogenetic cells have a reduced tendency to cause immune reactions when transplanted, which could make them an attractive use for therapy.

The European Union forbids patents on the use of human embryos, the source of embryonic stem cells. Patent applications in the United Kingdom and other countries for parthenogenetic cells have been held up because dividing parthenogenetic cells resemble embryos.

However, the Court of Justice of the European Union in Luxembourg ruled that parthenogenetic cells are not embryos, so cells made from them are eligible for patenting. While the structures look like embryos, they stop growing in a few days and die.

"In todays judgment, the Court holds that, in order to be classified as a human embryo, a non-fertilised human ovum must necessarily have the inherent capacity of developing into a human being," the European court said in a press release. "Consequently, the mere fact that a parthenogenetically-activated human ovum commences a process of development is not sufficient for it to be regarded as a human embryo."

Shares of the company closed after the decision at 8 cents, up 1 cent for the day.

The decision is a great turning point in the legal struggle to patent parthenogenetic stem cells in Europe, Craw said.

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Europe boosts stem cell patent rights