Posted on 04/03/2007 12:30:22 AM PDT by neverdem
The United States Patent and Trademark Office has made a preliminary decision to revoke three fundamental patents on human embryonic stem cells. If the decision stands, some scientists and consumer groups say it could loosen restrictions on research in a promising new field.
Patent examiners rejected all the claims of the three patents that are based on the work of James A. Thomson of the University of Wisconsin, who is widely viewed as having been the first to isolate human embryonic stem cells and grow them in culture. The oldest patent was issued in 1998 and the most recent was issued last year.
In decisions posted on the agency’s Web site yesterday, the examiners said that Dr. Thomson’s cells appeared to be the same as, or obvious variations of, cells described in earlier scientific papers or in patents issued to others.
The decisions were the initial steps in a re-examination of the patents, but the matter is far from over. Some patent lawyers said it was not unusual for the patent office to initially reject all claims of a patent under re-examination.
The Wisconsin Alumni Research Foundation, or WARF, the patent licensing arm of the university, will now have a chance to argue its case. The patents remain in force until the issue is resolved, which could be years.
“WARF has absolute confidence in the appropriateness and legitimacy of these patents,” Carl E. Gulbrandsen, the managing director of the Wisconsin foundation, said yesterday in a statement. “It is inconceivable to us that Dr. Thomson’s discovery, which Science magazine heralded as one of the greatest scientific discoveries in history, would be found to not be worthy of a patent.”
But Daniel B. Ravicher, president and executive director of the Public Patent Foundation, the nonprofit organization that had challenged the patents...
(Excerpt) Read more at nytimes.com ...
I don’t have a problem with patenting the first, I do the second.
I can't say. I just attempt to notice these stories, posting when I find them. IMHO, using embryonic stem cells has been a bust for almost a decade. When you can't make an ethical argument with dolts, go practical, IMHO.
bump...
One Harsh Prescription - A doctor vs. cyber humanitarianism.
Now scientists create a sheep that's 15% human
Iranian scientist creates world's first human-sheep chimera So you can guess when I heard the story.
FReepmail me if you want on or off my health and science ping list. Anyone can post any unposted link as they see fit.
It has new links in comment# 6, with two on sheep/adult human stem cell chimeras.
Well, killing patents should really jump-start research, eh? Probably a political move, directed at adult stem cells?
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