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From: "Coalition for the Advancement of Medical Research"
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To: "[log in to unmask]" <[log in to unmask]>
Date: Wed, 19 Nov 2003 17:11:25 GMT
Subject: A Harmful Piece of Legislation Is About to Be Enacted That Could
Cripple Stem Cell Research
Stem Cell Action Alert
IS YOUR SENATOR A SWING VOTE?
PLEASE CHECK THE LIST BELOW
A Harmful Piece of Legislation Is About to Be Enacted That Could Cripple
Stem Cell Research and Other Medical Research.
On July 23rd, the House passed an amendment on human patenting offered by
Dave Weldon (R-FL) as part of the Commerce-Justice-State, and Judiciary
Appropriations bill (H.R. 2799). The future of biomedical research could
be impaired by this secretive amendment. Specifically, House Amendment
286 would prohibit the Patent and Trademark Office (PTO) from issuing any
patents on claims directed to or encompassing a human organism.
This language is about to become enacted as part of the larger
appropriations process possibly within the next 48 hours.
Call the Chairmen of the Senate and House Appropriations Committees and
let them know this legislation harms medical research!
(Talking points are at the end of this document)
Senator Stevens
Chairman of the Senate Appropriations Committee
(202)-224-3004
Speak to either him or his staff, Liz Connell, and register your strong
concerns.
Please also call Jim Morhead on Sen. Stevens Committee staff at
202-224-7363.
Bill Young
Chairman of the House Appropriations Committee
(202) 225-5961
Please also call Jim Dyer, Staff Director of the Appropriations Committee
at (202) 225-2771
Dont let the opponents of stem cell research block this vital work!
Additionally, if your Senator is listed below, call to urge him or her to
oppose the amendment.
Appropriations Committee
Ted Stevens (R-AK)
Chairman
Thad Cochran (R-TN)
Judd Gregg (R-NH)
Arlen Specter (R-PA)
Pete Domenici (R-NM)
Mitch McConnell (R-KY)
Kay Bailey Hutchinson (R-TX)
Ben Nighthorse Campbell (R-CO)
Sam Brownback (R-KS)
Christopher "Kit" Bond (R-MO)
Conrad Burns (R-MT)
Richard Shelby (R-AL)
Robert F. Bennett (R-UT)
Larry E. Craig (R-ID)
Mike DeWine (R-OH)
Robert Byrd (D-WVA)
Ranking Minority Member
Tom Harkin (D-IA)
Ernest Hollings (D-SC)
Daniel Inouye (D-HI)
Barbara Mikulski (D-MD)
Patrick Leahy (D-VT)
Herb Kohl (D-WI)
Patty Murray (D-WA)
Harry Reid (D-NV)
Byron Dorgan (D-ND)
Dianne Feinstein (D-CA)
Richard Durbin (D-IL)
Tim Johnson (D-SD)
Mary Landrieu (D-LA)
The amendment would forbid the U.S. Patent and Trademark Office (PTO)
from granting patents on processes and products derived from embryonic
stem cell research and therapeutic cloning (somatic cell nuclear
transfer), which could slow or halt biomedical research aimed at
providing cures and treatments for the millions of Americans suffering
from cancer, Alzheimer's, diabetes, Parkinson's, spinal cord injuries,
heart disease, ALS, and other debilitating conditions. It appears to be
an underhanded way of making the U.S. surrender its leadership role in
the development of life-saving cures using stem cell research, somatic
cell nuclear transfer, and other technologies. By prohibiting patent
rights, this amendment removes any financial incentive for companies to
undertake this type of economically risky research. Talking points are
listed below. Please call or write your Senator today.
Opponents of vital research technologies should not amend the patent laws
to enforce their ideological agenda. Had no patents been issued for
recombinant DNA, research in this important area would surely have
stopped. The same could hold true for new areas of important research.
Moreover, this amendment was offered without an opportunity for the
Committee on the Judiciary, which has jurisdiction on patent matters, to
review what impact this amendment might have on medical research
developments.
Message points for your call/letter:
The language is vague, overly broad and would put stem cell research at
risk. Among the biotech inventions that would be placed in jeopardy are:
stem cells and stem cell production methods, all cell and tissue therapy
products and methods that include creating replacement tissue and organs,
and methods for therapeutic cloning.
The language encompassing a human organism creates uncertainty about the
PTOs definition of a human organism. There is no clear indication for
where something ceases to be human and becomes something else. Would a
method of making human stem cells for therapeutic purposes be considered
a claim that encompasses a human organism?
Investment and research into developing biotechnology products would halt
if the amendment were enacted into law. It takes 10 to 12 years and
approximately 800 million dollars to bring a biotechnology product into
the market. Investors need assurance that their investment in this risky
endeavor will eventually pay off. Without intellectual property
protection on products developed through biotechnology, investors would
not place resources into inventions that cannot be protected by the
patent system.
Current PTO practice prevents patenting of human beings.Current PTO
practice prohibits patents on subject matter that includes a human being
within its scope.
Revising patent laws in order to deal with ethical concerns can have
serious long-term implications for all industry sectors. Revision of the
patent laws to exclude one subject area from patent eligibility can lead
to other types of exclusions. For example, opening up the Patent Act
could open the door to excluding patents on virtually any item or
industrial product.
For more information, please visit our Web site, www.camradvocacy.org.
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