The United States Patent and Trademark Office upheld the two remaining embryonic stem-cell patents in support of UW-Madison researcher James Thomson Tuesday that were challenged in April 2007.
The patent office has now upheld three of the Wisconsin Alumni Research Foundation's stem-cell patents within the past two weeks.
Patents 780 and 806 protect discoveries Thomson made in 1995 and 1998 involving primate and human embryonic stem cells. In 1998, Thomson was the first scientist to isolate and culture human embryonic stem cells.
Patent 913 was upheld Feb. 25, protecting Thomson's research on replicating these stem cells.
It's clear that he is a pioneer in stem-cell research, and we're very proud to have been a part of protecting the intellectual property that he has developed with the University of Wisconsin,"" said Janet Kelly, communications director for WARF.
The Foundation for Taxpayer and Consumer Rights and the Public Patent Foundation challenged the patents in 2007. Kelly said the two foundations have ""spent a lot of time on an issue that we don't really believe is helping anybody in the end.""
Carl Gulbrandsen, managing director of WARF, said in a statement the organization is relieved with Tuesday's decision.
""It affirms what WARF has believed all along, that Dr. Thomson's breakthrough discoveries are patentable inventions,"" Gulbrandsen said.
According to Kelly, the patent office undertook a detailed and thorough examination in deciding whether to uphold the patents.
""Based on the information available to them they determined that indeed the WARF patents were valid and are valid,"" Kelly said.
John Simpson, a spokesperson for the Foundation for Taxpayer and Consumer Rights, said Thomson's ideas do not deserve patents, though he considers him a ""great scientist.""
""He's one of the greatest stem- cells scientists in the world, and he's made tremendous contributions,"" Simpson said. ""However, what he did, while commendable, was in fact predictable.""
Simpson disagreed with the way WARF asserted its patents.
""The executives at WARF had dollar signs in their eyes, and they were acting in a way that was blocking stem-cell research, driving stem-cell funding overseas where the patents are not recognized,"" Simpson said.
According to Simpson, his organization plans to appeal Patent 913 to the patent office's Board of Appeals.
Although Patents 780 and 806 are not open to appeal, the Foundation for Taxpayer and Consumer Rights could challenge them in federal court.
