“Neural Precursor Cells II” (Neurale Vorläuferzellen II)Patent Act, Sec. 2(2) first sentence No. 3; Biotechnology Directive, Art 6(2)(c)

The unrestricted patenting of precursor cells obtained from human embryonic stem cells is excluded pursuant to Sec. 2(2) first sentence No. 3 of the Patent Act if the patent specification states that stem cell lines and stem cells obtained from human embryos could be used as starting material.Section 2(2) first sentence No. 3 of the Patent Act does not prevent patenting in the said constellation if the patent claim is restricted to the effect that precursor cells from human embryonic stem cells produced by destruction of embryos are not encompassed.Human stem cells obtained without the destruction of embryos are not to be seen as embryos within the meaning of Sec. 2(2) first sentence No. 3 of the Patent Act merely on the grounds that by combining them with other cells they can possibly be used to generate an embryo capable of development.