Three fundamental questions of law are now pending before the Enlarged Board of Appeal of the EPO, all three are in the area of Life Sciences.
The first of these issues will be addressed (1) concerns the patentability of cultures of human stem cells can not be obtained - the date of filing the application - only using a method (not forming as such that the subject of a claim) necessarily involves the destruction of human embryos to the origin of these cultures. This will be discussed in light of the Regulations of the EPC (2) excludes from patentability of biotechnological inventions which are intended uses of human embryos for industrial or commercial.
The second question (3) the definition to make the concept of "therapeutic method". In particular, treats the question whether an act highly medicalized (such as injection of a radioactive isotope directly into the heart of a patient) have no direct therapeutic purpose - whenever it is an act exclusively for a diagnosis - would be excluded from patentability.
Finally, last question (4) - Case "Broccoli" - subject of this review relates to the issue of exclusion from patentability by the EPC (5) essentially biological processes for production of plants or d pets (this provision also does not exclude the patentability of microbiological processes and products of such processes).
