European Court of Justice Rejects Stem-Cell Patents
ianare writes "The European Court of Justice Friday issued a preliminary opinion that procedures involving human embryonic stem cells are not patentable — even if the process in question does not involve the direct destruction of embryos — because they are tantamount to making industrial use of human embryos, which 'would be contrary to ethics and public policy.'"
...there is prior art, at least by 4 billion years.
Personally I don't think ethics should play a role in what is patentable. Patentability should depends solely on the technical merits of the application. We do already have various laws, treaties and oaths concerning the ethics of medical research.
The idea that rejecting a patent somehow sends the signal that something is unacceptable is also a bit strange. Making procedures unpatentable would just make them more widely available wouldn't it?