WARF Challenges U.S. Patent Office Decision To Lift Patents On Human Embryonic Stem Cell Technology

Main Category: Stem Cell Research
Also Included In: Women's Health / Gynecology
Article Date: 04 Jun 2007 - 6:00 PDT

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The Wisconsin Alumni Research Foundation on Thursday formally challenged a U.S. Patent and Trademark Office preliminary ruling that invalidates three patents on human embryonic stem cell technology held by the foundation, the AP/Chippewa Herald reports (Foley, AP/Chippewa Herald, 5/31). The foundation, called WARF, has patented the technology used to derive embryonic stem cells. The Foundation for Taxpayer and Consumer Rights and the Public Patent Foundation in July 2006 filed a challenge with the patent office to the three patents, which were issued in 1998, 2001 and 2006.

The 1998 patent covers primate embryonic stem cells, the 2001 patent covers human and primate embryonic stem cells, and the 2006 patent covers cultures of human or primate embryonic stem cells. The two groups challenging the patents have said that they are so broadly written that they give WARF potential to receive royalties from a broad range of stem cell-related treatments. The groups also have said that James Thomson -- the University of Wisconsin-Madison scientist who isolated embryonic stem cells in 1998 -- was not the first to isolate embryonic stem cells. According to the groups, WARF's control of the technology discourages potentially lifesaving research or moves it abroad.

Patent examiners rejected all the claims of the three patents, saying that Thomson's cells appeared to be the same as, or clear variations of, cells described in earlier scientific papers or in other patents. WARF attorneys in April were given two months to respond to the patent office's preliminary ruling invalidating the patents. WARF attorneys have said they would appeal the ruling at every potential venue, including federal courts (Kaiser Daily Women's Health Policy Report, 4/4).

Challenge, Reaction
In the challenge, WARF said the patents are deserved because Thomson was the first to isolate embryonic stem cells after other scientists had tried to do so unsuccessfully for several years. WARF also was backed by a stem cell researcher from Singapore, who emphasized the differences in Thomson's research and earlier stem cell research that involved the isolation of mouse stem cells, the AP/Herald reports. Carl Gulbrandsen, managing director of WARF, said he is confident the patents will be upheld.

John Simpson, stem cell project director at the Foundation for Taxpayer and Consumer Rights, said the challenge is a "rehash of what was already before" the patent office (AP/Chippewa Herald, 5/31). The two groups challenging the patents have one month to respond to WARF's arguments (Foundation for Taxpayer and Consumer Rights release, 5/31).

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