The European Court of Justice ruled that if reproductive cells are not capable of developing into human beings, they may be patented.
The International Stem Cell Corporation (ISCO) biotechnology company headquartered in California was fighting a case to retain patent protections over stem cell technologies developed by the company.
The European Union's (EU's) highest court handed down their decision on December 18.
A separate European court decision from 2011 forbids companies and individuals from obtaining patents for research using embryonic cells. When this earlier decision was handed down, many scientists believed the ruling would severely hamper medical research.
"An organism which is incapable of developing into a human being does not constitute a human embryo within the meaning of the Biotech Directive. Accordingly, uses of such an organism for industrial or commercial purposes may, as a rule, be patented," the Court of Justice of the European Union, declared in the judgement.
Human egg cells are used in the processes created by researchers at the corporation, and this decision by the court could open a floodgate to additional patents being filed for human egg cells.
Lower courts in Britain will now be left to determine if the technologies used by ISCO utilize cells which fall under the new guidelines.
"This definitive judgment clears the way for our stem cell patents to be approved in Europe while maintaining the position against patenting human embryonic stem cells," Andrey Semechkin, CEO and Co-Chairman of ISCO, said.
Following the 2011 court decision, the British trademark office rejected a patent application from the company. Executives at ISCO filed a lawsuit to obtain the requested patents.
Stem cells are capable of developing into a wide range of other specialized cells, from heart tissue to skin. They could, theoretically, be used to treat a wide range of ailments and disorders, including Parkinson's disease. Patents could encourage research organizations to develop new treatments, according to some observers.
The newest decision is "a big step in the right direction," according to Adam Cooke, from law firm DLA Piper, which represented International Stem Cell Corporation in the lawsuit.
Stem cell research using material from embryos is highly controversial. Many people criticize harvesting methods, which entail the destruction of embryos left over from fertility treatments. Adults possess some stem cells, but they cannot be adapted to treatments as easily as those taken from embryos.
Technology developed by ISCO uses unfertilized human eggs, which will now be eligible for patent after the European Court of Justice decision.
