Home -> Law Blog Directory -> Patent Law Blogs -> IPBiz

Patent Law

: IPBiz

What happens to stem cell patent applications from government funding?

By Lawrence B. Ebert, Esq.

Not much mentioned in the March 9 hoopla over Obama and stem cells was the fact that the federal government had been funding stem cell research. Gerald Schatten, one-time collaborator with fraudster Hwang Woo Suk, was one of the biggest recipients of federal dollars. IPBiz had mentioned the bad treatment one of Schatten's applications (11/003006) had received at the USPTO. In fact, a notice of abandonment went out for that application on 20 Aug 2008.

Both PCT/US05/43224 and 12/141,626 claim priority to the '006 application. On 5 Feb 09 a non-final rejection went out on the '626 application: all claims were rejected. [There were also some priority issues in the case.]

There was a double patenting rejection over 12/141,572.

There was an enablement rejection.

There was a rejection under 35 USC P2.

On Obama, see previous IPBiz post:

Obama was to sign an executive order on stem cells and memo on science March 9 in an East Room ceremony, a long-promised move that would fulfill a campaign promise. Advisers said it was part of a broader declaration on science that would guide the administration's policies on matters ranging from renewable energy to climate change.

See also

http://ipbiz.blogspot.com/2006/03/pitts-gerald-schatten-top-recipient-of.html

http://ipbiz.blogspot.com/2007/08/non-final-rejection-of-schattens-patent.html

Note published US app 20090007285 (relating to 141626) carries the text:

This invention was made, at least in part, with U.S. government support under grant numbers NIH R37 HD 12913 and 2 R24 RR013632-06, awarded by NIH. The U.S. government may have certain rights in the invention.

Full post as published by IPBiz on March 13, 2009 (boomark / email).