U.S. Patent Office Upholds Patents On Human Embryonic Stem Cell Technology

Main Category: Stem Cell Research
Article Date: 14 Mar 2008 - 5:00 PDT

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The U.S. Patent and Trademark Office in a ruling made public Tuesday upheld two patents on human embryonic stem cell technology held by the Wisconsin Alumni Research Foundation, the AP/Google.com reports. The Patent Office upheld a third patent last month stemming from work by University of Wisconsin-Madison scientist James Thomson in the 1990s, who became the first researcher to isolate embryonic stem cells of primates and humans.

The Foundation for Taxpayer and Consumer Rights and the Public Patent Foundation in 2006 filed a challenge with the patent office to the three patents, which were issued in 1995, 1998 and 2001. The patent office last month upheld one of the patents, although that ruling still can be challenged. The latest ruling, which upheld the other two patents, cannot be challenged, according to the AP/Google.com. WARF's stem cell affiliate has shipped stem cells to more than 560 researchers since 1999.

Patent examiners rejected the two groups' argument that Thomson's work was obvious, given previous research on animals. The rulings mean WARF will continue to control primary intellectual property rights to embryonic stem cell research in the U.S. If that research leads to successful medical products or procedures before the patents expire in 2015, WARF would be entitled to royalties (Foley, AP/Google.com, 3/11).

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