Associated Press reports that the USPTO has upheld one of Wisconsin Alumni Research Foundation (WARF’s) human stem cell patents (decisions are pending on two other patents). The patents in question appear to be for the cells temselves, and a method used to isola
te them. On Monday, a USPTO hearing examiner rejected an obviousness challenge to the patent for the isolation method. Groups spearheading the opposition have said that they intend to appeal.
The IPKat notes that there is also a pending WARF application before the EPO. There the debate has been all about the morality of patenting human stem cells. The UK has observed that morality shouldn’t bar such applications in the absence of consensus on the moraltiy of research involving human stem cells. The IPKat finds it a little odd that the debate is so differently focused on the two sides of the Atlantic, but reckons that it ultimately comes down to the same thing on both jurisdictions: should we be patenting something so fundamental?
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