Scientists warn of EU biotech bombshell

The European Court of Justice is considering a test case that could make it unlawful to patent applications using embryonic stem cells on moral grounds.

Fears about the outcome have been raised by an influential ruling recommendation that patenting any use of cells derived from human embryos breaches ethical principles.

That advice was given by Yves Bot, one of eight “advocate generals” appointed to provide reasoned, independent guidance to the court. They have a powerful voice, and although their opinions are not binding they are frequently followed.

A European legal ban on embryonic stem cell patents will have potentially catastrophic consequences for the multi-billion pound European biotech industry, the UK economy, and patients, according to the scientists.

Thirteen leading researchers in the field spell out their concerns today in a letter published in the journal Nature.

They include clone pioneer and “Dolly the Sheep” creator Professor Ian Wilmut, chairman of the Scottish Centre for Regenerative Medicine in Edinburgh, and Prof Austin Smith, director of the Wellcome Trust Centre for Stem Cell Research in Cambridge.

Speaking in London, Professor Smith said the advocate general’s opinion, issued in a public statement, was “astonishing and shocking”.

He added: “If the European Court of Justice was to follow this opinion then the reality... is that all patents in Europe that involve human embryonic stem cells will be eliminated.

“Other patents will apply in the United States, China and Japan, so this will put Europe at a huge disadvantage. It will effectively wipe out the European biotech industry in this area.”

The ruling could potentially have a massive impact on the provision of new treatments, said the scientists.