title: Patenting medical diagnosis methods in Europe: Stanford University and time-lapse microscopy.
abstract: In 2013, a European Patent for the technique of time-lapse microscopy was granted by the European Patent Office (EPO) to Stanford University and was subsequently opposed by Unisense FertiliTech A/S and by the European Society for Human Reproduction and Embryology (ESHRE), Sigrid Sterckx, Julian Cockbain and Guido Pennings. ESHRE et al.'s opposition was based on the argument that Stanford's patent was directed to a method of medical diagnosis, methods that are excluded from patentability by Article 53(c) of the European Patent Convention. The Opposition Division of the EPO rejected the oppositions in November 2015, and both opponents have now filed their appeals. In this paper, we comment on the Opposition Division decision and the grounds of appeal put forward by ESHRE et al.
authors.affiliation: Bioethics Institute Ghent, Ghent University, Belgium. Electronic address: sigrid.sterckx@ugent.be.
authors.forename: Sigrid
authors.initials: S
authors.lastname: Sterckx
authors.affiliation: Bioethics Institute Ghent, Ghent University, Belgium.
authors.forename: Julian
authors.initials: J
authors.lastname: Cockbain
authors.affiliation: Bioethics Institute Ghent, Ghent University, Belgium.
authors.forename: Guido
authors.initials: G
authors.lastname: Pennings
mesh_terms: D002140:California; D004622:Embryo, Mammalian / Q000000981:diagnostic imaging*; D005060:Europe; D005307:Fertilization in Vitro; D006801:Humans; D008853:Microscopy / Q000379:methods*; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D059008:Time-Lapse Imaging / Q000379:methods*; D014495:Universities
keywords: diagnostic methods; patenting in Europe; time-lapse microscopy