Posted on 02/28/2008 1:00:29 PM PST by Diana in Wisconsin
The Wisconsin Alumni Research Foundation has won a key battle for one of its stem cell patents, after the U.S. Patent and Trademark Office upheld the foundation's claim to the patent.
The decision affirms WARF's contention that an initial University of Wisconsin-Madison human embryonic stem cell discovery is a patentable invention.
The patent for the primate and human embryonic stem cell known as 913 was one of three under review by the patent office, following challenges brought by the New York-based Public Patent Foundation and the California-based Foundation for Taxpayer and Consumer Rights.
The 913 decision was the first in the review process, with the patent office also re-examining the patents by WARF for stem cells 780 and 806.
Decisions on the 780 and 806 patents are still pending by the patent office.
"We're extremely pleased with this decision," said Carl Gulbrandsen, managing director of WARF. "It affirms what WARF has believed all along, that Dr. James Thomson's breakthrough discoveries are patentable inventions."
However, the organizations that challenged the patents said this morning that the decision was not yet final, and that they would appeal any final decision by an examiner supporting the patents to the Patent and Trademark Office's Board of Appeals.
"This is a nonfinal office decision by the examiner on the narrowest of the patents, which is the most difficult to challenge," said John Simpson, a spokesman for the Foundation for Taxpayer and Consumer Rights. "The battle is hardly over. We're in this for the long haul."
Thomson is considered a pioneer in stem cell research, with WARF patenting the initial stem cell discoveries and then licensing the stem cells to other research facilities.
But the patent challengers contend that Thomson's research was "obvious" and consequently not patentable.
Since 1999, according to WARF, 914 licenses for stem cells have been issued through the nonprofit WiCell Research Institute, with stem cells shipped to more than 563 researchers in 25 countries and 40 states.
Simpson contends that WARF loosened its licensing requirements after the patent challenge was filed, engendering a "more cooperative stance on their part." Prior to that time, he said, "WARF executives were acting like arrogant bullies blinded by dollar signs."
Ping, if appropriate for your list.
"QaAApLAA!"
Wrong Warf, LOL!
WARF? the Klingon? Wow. (actually,. I think he spelled it Worf) haha
GMTA!!! :-)
Warf would bring out the bat’leth on those who would kill innocent potential humans!!
Wrong movie. This is "Planet of the Apes" stuff.
"QaAApLAA!"
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