We attended an ‘Open Discussion on the Patentability of Human Embryonic Stem Cells in Europe’ held on 22 October in London.Dr. Aliki Nichogiannopoulou of the EPO gave a very interesting presentation on cases heard by the EPO Technical Board of Appeal concerning applications in this technical area. Importantly, she confirmed the change in EPO examining practice that a date of 5 June 2003 is now accepted as a date from which hES cells were available without embryo destruction.