Munich

A German court has revoked a patent on a method for generating a class of human embryonic stem cells. The 5 December ruling is seen as yet another setback for stem-cell research in a nation where it is already constrained by tight regulation.

The federal patent court in Munich heard a charge brought by Greenpeace that the patent, held by University of Bonn neurobiologist Oliver Brüstle on a way to generate precursor nerve cells, was 'contrary to public order'. The environmental group argued that the derivation of the cell lines in question had involved the destruction of human embryos, which breaches guidelines issued by the German Patent Office. The judge, Eva-Maria Schermer, quickly ruled in Greenpeace's favour — much to the dismay of Brüstle, who arrived in court with three bodyguards to protect him.

The ruling will become binding in a few weeks. It was made in the wake of a public call by Germany's largest research agency, the DFG, for a relaxation of stem-cell laws, which are stricter than those of many other European countries (see Nature 444, 253; 2006).

Brüstle says he will now appeal to the Supreme Court in Karlsruhe, arguing that the ruling goes beyond German law, which allows the use of human embryonic stem-cell lines created before 2002. Just last year, the ministry of research awarded Brüstle a grant for work with human embryonic stem cells derived before 2002. He points out that the ministry stipulates that its grantees should attempt to patent inventions from projects that it supports.

But a ruling by the Supreme Court in Karlsruhe could take years. “In the meantime, it is very hard on me and my family,” Brustle says, “particularly for kids whose father has been accused of doing things so bad they are considered to be against public order.”