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Use of fraudulently obtained data all right to get an Australian patent? [!]

By Lawrence B. Ebert, Esq.

IPBiz noted on 21 Sept 08 the impending issue of an Australian patent to stem cell worker/fraudster Hwang Woo Suk. In the context of final deliberations, a most memorable quotation was issued: "There is no statutory basis to refuse to grant a patent on the basis that the scientific data in a patent application is a misrepresentation or fraudulently obtained."

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In a statement released on Wednesday [24 Sept. 08], Mr Johnson [David Johnson, IP Australia] confirmed no opposition had been filed, and addressed the controversy surrounded Mr Hwang's research.

"There is no statutory basis to refuse to grant a patent on the basis that the scientific data in a patent application is a misrepresentation or fraudulently obtained," Mr Johnson said. "In accepting the application in question, IP Australia is not endorsing the research that underpins the application." He said only a court could revoke a patent.

The article by the Press Association also stated:

IP Australia said earlier this week that Hwang Woo-suk's patent was to be "sealed" - or granted - on Thursday [25 Sept 08], but the acting commissioner of patents said the government agency has since backtracked on that deadline.
"IP Australia is investigating the matter and the sealing date is not known at this time," David Johnson said in a statement. IP Australia is responsible for administering patents, trade marks, designs and plant breeders' rights.

Separately, no word on this latest Hwang matter from californiastemreport, which is bogged down in the usual internecine squabbles of CRIM (aka CIRM).

Full post as published by IPBiz on September 25, 2008 (boomark / email).