# G 2/06

> Mediated Wiki article. Canonical URL: https://mediated.wiki/source/G_2/06
> Markdown URL: https://mediated.wiki/source/G_2/06.md
> Source: https://en.wikipedia.org/wiki/G_2%2F06
> Source revision: 1302737339
> License: Creative Commons Attribution-ShareAlike 4.0 International (https://creativecommons.org/licenses/by-sa/4.0/)

G 2/06 Enlarged Board of Appeal of the European Patent Office Issued November 25, 2008 Board composition Chairman: Peter Messerli Members: S. Perryman, P. Alting van Geusau, U. Kinkeldey, M. Scuffi, J.-P. Seitz, O. Spineanu-Matel Headword Use of embryos/WARF

**G 2/06** is a decision by the [Enlarged Board of Appeal](/source/Appeal_procedure_before_the_European_Patent_Office) of the [European Patent Office](/source/European_Patent_Office) (EPO), which issued on 25 November 2008. In its answer to question 2, the [Enlarged Board of Appeal](/source/Appeal_procedure_before_the_European_Patent_Office) ruled that " (formerly []) forbids the patenting of claims directed to products which – as described in the application – at the filing date could be prepared exclusively by a method which necessarily involved the destruction of the human embryos from which the said products are derived, even if the said method is not part of the claims." In short, a patent under the [European Patent Convention](/source/European_Patent_Convention) (EPC) cannot be granted for an invention which necessarily involves the use and destruction of [human embryos](/source/Human_embryo).[1][2] The decision notably refers to the provisions of [EU Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions](/source/EU_Directive_98/44/EC_of_6_July_1998_on_the_legal_protection_of_biotechnological_inventions),[1] referred to in .

The reactions to the decision were mixed. According to [Reuters](/source/Reuters), the decision could stifle research by [stem cell](/source/Stem_cell) companies for commercial purposes.[3] In contrast, according to [the Guardian](/source/The_Guardian), "some experts believe this will provide a boost for European companies developing technologies based on human embryonic stem cells".[4]

## References

1. [*No European patent for WARF/Thomson stem cell application*](http://www.epo.org/topics/news/2008/20081127.html) [Archived](https://web.archive.org/web/20081203111315/http://www.epo.org/topics/news/2008/20081127.html) 2008-12-03 at the Wayback Machine, EPO web site, News, November 27, 2008. Consulted on November 28, 2008.

1. Stephanie Bodoni, [*Wisconsin stem cell patent refused by European agency*](http://www.independent.ie/health/latest-news/wisconsin-stem-cell-patent-refused-by-european-agency-1556282.html), Independent.ie, November 28, 2008. Consulted on November 28, 2008.[dead link]

1. [*UPDATE 1-European agency rules against stem cell patents*](https://www.reuters.com/article/americasRegulatoryNews/idUSLR13349220081127), Reuters, November 27, 2008. Consulted on November 28, 2008.

1. James Randerson, [*Europe rejects patent governing use of embryonic stem cells*](https://www.theguardian.com/science/2008/nov/27/embryonic-stem-cells-patent), guardian.co.uk, November 27, 2008. Consulted on November 28, 2008.

## External links

- [Decision G 2/06](http://www.epo.org/law-practice/case-law-appeals/recent/g060002ex1.html), Official Journal EPO 5/2009, 306 ()
- [*No European patent for WARF/Thomson stem cell application*](https://web.archive.org/web/20081203111315/http://www.epo.org/topics/news/2008/20081127.html), EPO web site, News, 27 November 2008.
- , entitled "*Primate Embryonic Stem Cells*", applied for by the [Wisconsin Alumni Research Foundation](/source/Wisconsin_Alumni_Research_Foundation), and which was the subject of the referral to the Enlarged Board of Appeal.

---
Adapted from the Wikipedia article [G 2/06](https://en.wikipedia.org/wiki/G_2%2F06) by Wikipedia contributors ([contributor history](https://en.wikipedia.org/wiki/G_2%2F06?action=history)). Available under [Creative Commons Attribution-ShareAlike 4.0 International](https://creativecommons.org/licenses/by-sa/4.0/). Changes may have been made.