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The legal lock on stem cells-2 patents cover key research -stop science

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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-12-06 09:00 AM
Original message
The legal lock on stem cells-2 patents cover key research -stop science
If one patent office examiner rejects an application, the applicant can file a "continuation" with another until it gets approved, which is how the Wisconsin stem cell patents got through.

http://www.latimes.com/news/opinion/la-oe-washburn12apr12,0,3358582.story?track=tottext

From the Los Angeles Times
The legal lock on stem cells
Two patents that cover key research areas are setting back science.
By Jennifer Washburn
JENNIFER WASHBURN is a fellow at the New America Foundation and author of "University, Inc.: The Corporate Corruption of Higher Education."

April 12, 2006

CALIFORNIA'S $3-billion stem cell program has encountered repeated setbacks since it was approved by voters 17 months ago. Now it faces an entirely new and potentially even more worrisome challenge arising from two powerful patents — patents No. 5,843,780 and No. 6,200,806, to be exact — which cover all human embryonic stem cells and the method by which they're made.

Patents are supposed to stimulate innovation. That's why they exist. But it appears that these two patents, held by a foundation affiliated with the University of Wisconsin, may exert a dangerous monopoly over all future research in the field — one that may pose an even greater long-term threat to stem cell science than the Bush administration's federal funding ban.

Here's the background. In mid-March, the Wisconsin Alumni Research Foundation, or WARF, announced that the state of California must sign a legal contract and pay user fees to the foundation if any state-funded scientists want to work with human embryonic stem cells of any kind. Yes, of any kind.

The foundation's patents are based on the work of James Thompson, a University of Wisconsin professor who was the first scientist to isolate embryonic stem cells, in 1998. But the patents are so broad — unreasonably broad — that they cover all human embryonic stem cell lines in the U.S., not just the specific lines developed by Thompson. <snip>

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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-12-06 09:06 AM
Response to Original message
1. patents on human tissue are a fraud and should be eliminated
some religious nut from the dominant religion could set back medicine a thousand years with such patents.

oh wait, they already are setting back medicine a thousand years, or even 6 thousand years back to the day the earth was invented.

Msongs
www.msongs.com/impeachbush.htm
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papau Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-12-06 09:10 AM
Response to Reply #1
2. I agree Human Tissue Patents are nuts - but human greed is driving
the problem - not religion.
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Celebration Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-12-06 11:59 AM
Response to Reply #2
3. Human Greed AND the patent office
There have been a lot of articles about ridiculous and overly broad patents recently. It isn't just stem cells. All sort of non innovations are allowed to be patented, and these are fueling lawsuits in every industry. It is as if everything gets approved, and the lawsuits sort out the wheat from the chaff later. It is a terrible drag on innovation. I really think that this practice began even in the 90s so I am not sure we can completely blame the current administration--although they are in power now and these practices should be addressed ASAP.
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