USPTO to Re-examine Basis for Three Patents on Human Embryonic Stem Cells
4 Oct 2006
A joint request before the U.S. Patent and Trademark Office (USPTO) by the Foundation for Taxpayer and Consumer Rights and the Public Patent Foundation has resulted in a decision by the USPTO to re-examine the basis of three significant patents on human embryonic stem cells, held by a University of Wisconsin scientist.
Although the re-examination process could be quite lengthy and extensive, the possibility remains that the USPTO could render a final decision that places restrictions on the provisions made in each of the patents. Yet another possibility is that of the revocation of those patents. The patents in question are held by James A. Thomson of the University of Wisconsin.
Both organizations challenging the validity of the patents claim that three scientific papers published by other researchers--in addition to a patent granted to another scientist--demonstrate how embryonic stem cells can be derived. Dr. Thomson is credited with being "the first to isolate human embryonic stem cells."
At the heart of this issue is the question of whether the holding of patents on certain innovations discourages the advancement of research in a particular scientific field because of the transaction costs associated with acquiring licenses to use technologies protected as intellectual property. According to the New York Times, the full re-examination of the patents in
question "could take years" before completion.
Source: Pollack, A. Agency agrees to review human stem cell patents. The New York Times. October 4, 2006. [Online]
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