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US upholds key stem cell patent By RYAN J. FOLEY, Associated Press Writer Thu Feb 28, 6:04 PM ET http://news. <http://news.yahoo.com/s/ap/20080228/ap_on_sc/stem _cell_patents;_ylt=AuGlOJZGtNKtOw._.lvj_ESs0NUE> yahoo.com/s/ap/20080228/ap_on_sc/stem_cell_patents ;_ylt=AuGlOJZGtNKtOw._.lvj_ESs0NUE MADISON, Wis. - A federal agency has upheld a patent that covers embryonic stem cell research, rejecting a challenge from critics who say the patents are hindering research. An examiner with the U.S. Patent and Trademark Office ruled this week that one of three patents can stand. A challenge to two other patents remains pending. The patent office said last year it was preparing to toss out all three patents but the Wisconsin Alumni Research Foundation, which holds the patents, appealed. This week's ruling is the first in the appeal process. "The battle is hardly over. We're in this for the long haul," said John Simpson of the California-based Foundation for Taxpayer and Consumer Rights, one of two groups fighting the patents. The patents are for discoveries made by University of Wisconsin-Madison scientist James Thomson. He was the first to isolate embryonic stem cells, which have great medical potential because they can turn into any type of cell in the body. The research foundation obtained patents in 1998 and 2001 for the cells themselves and the techniques used to isolate them. Since then, the group has required other researchers to obtain licenses to use them. The groups argue Thomson's work should not qualify for patents and that patent enforcement has hampered U.S. stem cell research. In a ruling dated Monday, hearing examiner Gary L. Kunz rejected claims that Thomson's technique for isolating primate and human embryonic stem cells was obvious given previous research on mice and other animals. He cited the "highly complex and unpredictable nature" of the field. The research foundation, which has aggressively defended the patents, praised the decision. If allowed to stand, the patents could generate a windfall of royalties that would benefit research at the university. "We're extremely pleased with this decision," the foundation's managing director, Carl Gulbrandsen, said Thursday. "It affirms what (the foundation) has believed all along, that Dr. Thomson's breakthrough discoveries are patentable inventions." The foundation's stem cell research affiliate says it has shipped stem cells to more than 550 researchers across the world. ---------------------------------------------------------------------- To sign-off Parkinsn send a message to: mailto:[log in to unmask] In the body of the message put: signoff parkinsn