[Chapter 4. The embryo, object of researches : a look at patents]

Although research on human biological material has long been the subject of much controversy, the question of the embryo is an extremely delicate subject.Concerns are strong about the possibilities of conducting research on embryonic matter, and the difficulties in defining the legal rules applicable to the embryo are also found in research and intellectual property. The field of patentability depends on the notion retained about the embryo because of a principle prohibiting the use of human embryos for industrial or commercial purposes.This study is devoted to the evolution of the concept on a European scale, particularly via the decisions made by the CJEU : by adopting an evolutionary notion of the embryo according to scientific progress, the field of patentability extends and offers new perspectives in research.