Pierre Treichel (PDF, 137)
Lawyer, Patent Law Directorate
European Patent Office
Slide: Distinction discovery/invention as regards the human body/respect for human dignity
• The human body, at the various stages of itformation and development, and the simple discovery of one of its elements, […] cannot constitute patentable inventions - This covers the embryo (Rule 23e(1) EPC)
• An element isolated from the human body or otherwise produced by means of a technical process […] may constitute a patentable invention, even if the structure of that element is identical to that of a natural element (Rule 23e(2) EPC)
So, my friend Mr. Frankenstein has a brilliant idea and a saw.