PTO Finds Stem Cell Patent Anticipated, Obvious in Light of 'Significant Guideposts'
By Tony Dutra and Joyce Cutler,
The Bureau of National Affairs
| 05. 12. 2010
[Quotes CGS's Jesse Reynolds]
The Board of Patent Appeals and Interferences at the Patent and Trademark Office found April 28 that a patent on human embryonic stem cells was invalid as anticipated by an earlier patent and obvious in light of the "significant guideposts" in the literature for deriving the cells at the time of invention (
Foundation for Taxpayer and Consumer Rights v. Wisconsin Alumni Research Foundation, B.P.A.I., No. 2010-001854, 4/28/10).
The patent is one of three on stem cell derivation assigned to Wisconsin Alumni Research Foundation and licensed to Geron Corp. It was challenged by consumer advocacy groups in a PTO inter partes reexamination proceeding.
One of the challengers was also successful recently in the Myriad case challenging gene patenting on Section 101 grounds. A stakeholder in the biotechnology industry suggested that both cases represent a "pushback" against the "land rush" for intellectual property in the field.
Challenge by PUBPAT and Consumer Watchdog.
A patent (7,029,913) was issued April 18, 2006, to James A. Thomson titled "Primate embyronic stem cells," with claims drawn to pluripotent human embryonic stem, or ES, cells derived...
Related Articles
By Carl Zimmer, The New York Times | 06.04.2026
Scientists at Columbia University have edited the DNA of early human embryos with unprecedented accuracy, an achievement that could open the way to babies engineered with particular characteristics.
The prospect has fueled controversy for years. On the one hand, the...
By Alexandre Piquard, Le Monde [cites CGS' Katie Hasson] | 05.22.2026
"If proven to be safe, we believe preventive gene editing could be one of the most important health technologies of the century." This is how Lucas Harrington explained the goal of his company Preventive: to create genetically modified babies. Trying...
By Daniel Shanahan, Los Angeles Review of Books | 05.31.2026
This is the 15th installment in the Legacies of Eugenics series, which features essays by leading thinkers devoted to exploring the history of eugenics and the ways it shapes our present. You can read the first part here. The series...
By Sofia Resnick, Stateline | 05.20.2026
An anti-abortion group last month sued seven Utah fertility clinics, claiming their disposal of embryos as part of the in vitro fertilization process violates the state’s wrongful death law.
The ministry Voice for the Voiceless believes it has a strong...