Unfertilized human ovum must have capacity of developing into a human being to constitute a ‘human embryo’

PATENT LAW

An unfertilized human ovum that does not have the inherent capacity of developing into a human being, does not constitute a ‘human embryo’ according to Article 6(2)(c) of the Biotechnical Inventions Directive

"38. that Article 6(2)(c) of Directive 98/44 must be interpreted as meaning that an unfertilised human ovum whose division and further development have been stimulated by parthenogenesis does not constitute a ‘human embryo’, within the meaning of that provision, if, in the light of current scientific knowledge, that ovum does not, in itself, have the inherent capacity of developing into a human being, this being a matter for the national court to determine."

IPPT20141218, CJEU, International Stem Cell Corporation v Patent Office

C364/13 - ECLI:EU:C:2014:2451