definiens: means primate ( including human ) embryonic stem cells covered by the Licensed Patents andwhich meet the following conditions : ( i ) For embryonic stem cells created prior to April 26, 2005, the embryonic stem cell must be either : ( 1 ) listedon the NIH Human Embryonic Stem Cell Registry at http://escr.nih.gov ; or ( 2 ) derived from excess embryos created for thepurpose of in vitro fertilization with appropriate consent of the donor couple and not for the purpose of creating embryonicstem cells ; or ( 3 ) derived from embryos created specifically for research purposes either by in vitro fertilization or by somaticcell nuclear transfer, for which the following additional conditions apply : ( a ) the embryo may not have been maintained invitro for more than 14 days ; ( b ) the gamete donor(s ) and somatic cell donor ( if any ) made the donation without paymentbeyond reimbursement for reasonable expenses associated with donation ; ( c ) in the case of egg donation, the donor was fullyinformed of the risks to herself ; ( d ) the gamete donor(s ) and somatic cell donor ( if any ) were fully informed of the purposes towhich their donated materials would be put ; ( e ) the research could not be done equally well using surplus IVF embryosoriginally created for reproductive purposes ; ( f ) the research protocol, including gamete collection, somatic cell collection, embryo management and stem cell derivation is approved by an appropriate Institutional Review Board ; and ( g ) protectionsare in place to prevent misappropriation of embryos created specifically for research