The European Court of Justice ("CJEU") recently held that a nonfertilized human ovum, the development of which has been stimulated by parthenogenesis (i.e., in the absence of paternal DNA), should not be regarded as a human embryo within the meaning of the EU Biotech Directive (98/44/EC) if it does not have the inherent capacity to develop into a human being. The definition of a human embryo is key to the patentability of inventions using such organisms because, under the Biotech Directive, "human embryos" are not patentable. This decision, which has been eagerly awaited by the biotech industry, is expected to open the door to the patenting of more stem cell technologies.
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