ABSTRACT
Interventions into human life through the technological configuration of its basic entities such as the configuration of human embryonic stem cells are increasingly becoming possible. Because of the medical relevance of such interventions, the focus has now turned to their commercial exploitation and the ethical and legal boundaries thereof. This includes limitations on the patentability of the results of stem cell research that are among other things implemented through opening clauses into law. The wording of the opening clauses ordre public and accepted principles of morality is, however, not defined clearly in the legal texts so that their interpretation through case law on the member state and European Union (EU) level has gained increasing importance. The analysis of different case laws reveals findings on the role of opening clauses, particularly on their role as barriers to patentability in patent laws as well as in the broader legal system, and it also shows motivations that drive the limitation of patentability on an extra-legal level.
