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Stem Cell Patent Torpedoes Research

g8orade writes: "This story says the University of Winsconsin owns patents that may prevent anyone spending that federal money soon. "As they carry out President Bush's plan for government financing of embryonic stem cell studies, federal health officials confront a daunting challenge: U.S. patent 6,200,806, a claim to the human embryonic stem cell." Originally in the NYT, this is a link to the not free account-requiring Charlotte Observer."

157 comments

  1. My own scheme by quintessent · · Score: 1, Redundant

    I wonder if anyone has bothered to patent oxygen yet...

    1. Re:My own scheme by loydcc · · Score: 1

      Lavossier could have patented Oxygen when he discovered it to be a diatomic gas in its elemental state. However he did this in the 19th century when science was meant to enrich the world. Now science is meant only to enrich 3 or 4 fat white guys who started their research from publicly funded projects.

    2. Re:My own scheme by Anonymous Coward · · Score: 0

      Racist. Half of them are Indian.

    3. Re:My own scheme by Anonymous Coward · · Score: 0

      Look you are obviously an ignoramus like most of the open source community, who cry foul every time they see a patent.

      The patent is not for "stem cells". It is a method of preparing stem cells for further use and/or analysis.

      As for your "patent oxygen", taking things to the lowest denominator, you could easily say for those inventions governing respirators or scuba tanks to be the same thing.

      Read the patent first before you start mouthing off. And most probably you couldn't understand the way the claims are drafted anyway.

      Regards,
      A patent attorney.

  2. Re:Stem cell research is a waste by quintessent · · Score: 1, Offtopic

    Um. Yeah. The Jew lobby? What about the middle-class white male Christian lobby, or any of countless other groups? There are many influential groups. Why would you single out this one group? I agree that per capita Jews probably have more influence in the U.S. than non Jews, but they also work to get themselves educated so they can make such a difference. This sort of anti-semitism goes back to old west towns, where the mayors were often Jewish. Why? Because nobody else knew how to read. Jews elsewhere in history were targeted, because a lot of people owed them money. Why? Because the Christians had laws against collecting interest on a loan. Ok, my point: Jews are people. You're a person. You both have a fundamental right to exist, to progress, and to work to make a difference. Get along. Otherwise, you'll get what you deserve: living in your own bitterness.

  3. I still don't get it by mac123 · · Score: 3, Interesting

    I continue to call the "need" for federal funding.

    The stem cells that would be used are covered by a seemingly comprehensive patent by UW.

    Univ. of Wis. has given exclusive rights to Geron (a company).

    Geron will own anything done with these stem cells, including any "cures" that are discovered.

    Geron is (presumably) willing to invest money (and already has) in the research in order to make money from this.

    Why do we need federal funding of this? It seems like transferring taxpayer funds to the bottom line of hugebiotechcorp.com

    1. Re:I still don't get it by KahunaBurger · · Score: 3, Interesting
      Why do we need federal funding of this? It seems like transferring taxpayer funds to the bottom line of hugebiotechcorp.com



      And this is news to you why? OK, sarcasm aside, you know that the US pours money every single year into different kinds of research. And private foundations and individuals pour another few million into "aids research" or "cancer research" or other focused causes. Then government and publicly funded hospitals use their resources to help with drug trials. Have you ever wondered why you never hear a pharm company say "we've decided to release this drug from our patent early because of the huge government and public investment we made it with."?



      The patent likely won't effect which biotech company makes a mint off other peoples pain and says "but we paid all this research and development (with your tax dollors)". Stem cells exist, the patent is likely on a particular extraction or culturing method (sorry, don't have time to look for sure before work). But the fact that all this money would eventually lead to propriatory drugs and techniques being sold back to us as the fruits of our wonderful free market was a given from the start.



      And if /. is still around then we can listen to the libertarians tell us how any goverment interference in drug proffiteering would lead to no more investment and research like what gave us this wonderful stem cell work. Ugh.



      Kahuna Burger

      --
      ...will work for Chick tracts...
    2. Re:I still don't get it by Anonymous Coward · · Score: 0

      Why do we need federal funding of this? It seems like transferring taxpayer funds to the bottom line of hugebiotechcorp.com

      Yes, but more importantly, the kind higher ups at Geron are really good friends of the Bush family and Duhbya wants to line their pockets. This is the irony of his stemcell decision. He knows that there are patents held by his friends and he know that he needs to pander to the religious right...so he decides to 'keep everyone happy' by saying no more beyond what has been done. The right is happy... more or less for this and his friends are VERY happy cause they hold all the patents and will cash in on their presidentailly induced monopoly.

    3. Re:I still don't get it by Anonymous Coward · · Score: 0
      his friends are VERY happy cause they hold all the patents and will cash in on their presidentailly induced monopoly.

      The patent is unbelievably broad. It is not that they have patented particular stem cell lines, or even stem cell lines in general. They have literally patented primate embryonic stem cells.
      US Patent 6,200,806:
      "A purified preparation of primate embryonic stem cells is disclosed. This preparation is characterized by the following cell surface markers: SSEA-1 (-); SSEA-4 (+); TRA-1-60 (+); TRA-1-81 (+); and alkaline phosphatase (+). In a particularly advantageous embodiment, the cells of the preparation are human embryonic stem cells, have normal karyotypes, and continue to proliferate in an undifferentiated state after continuous culture for eleven months. The embryonic stem cell lines also retain the ability, throughout the culture, to form trophoblast and to differentiate into all tissues derived from all three embryonic germ layers (endoderm, mesoderm and ectoderm). A method for isolating a primate embryonic stem cell line is also disclosed."
    4. Re:I still don't get it by Anonymous Coward · · Score: 0

      Additionally, you can, I forget what they're called, patent extensions of an existing technology. For example, I could patent a technique for getting stem cells to differentiate into liver cells in a test-tube. This would *extend* UWs patent, meaning, it would be useless by itself (assuming UWs patent is enforcable, which I hope to god almighty it isn't,) but if you wanted to use my differentiation technique you'd need to cut a deal with the UW *and* with me.

      The law surrounding all of this becomes increasingly baroque and non-sensical, especially as the issue becomes more politicised and our judiciary might be moved to alter it.

      Nevertheless, there are reasons to file extra patents in this sort of case.
      skh2003@columbia.edu

    5. Re:I still don't get it by Anonymous Coward · · Score: 0

      Federal dollars unsure that you pay to keep them employed forever, and that research is kept at a snails pace.

  4. Further news... by fluxrad · · Score: 5, Funny

    Additionally, scientists working at the university of Wisconsin were reported as saying, later in the week:

    "Since we have a patent on how stem cells may be used, we would advise every person living in the United States to either give us $25,000 or kill themselves, as we never explicitly said which babies could use them and which couldn't. Suck our balls!"

    Furthermore, I would like to advise every American male that they are currently in violation of my own patent #2,3443,223 - "Ballzack." And, I must demand immediate licensing payment for posession or use of "Ballzack" or anyone found to be in posession of "Ballzack" will have it seized. I will begin grabbing everyone's "Ballzack" upon non-payment beginning on the first of September.

    --
    "It is seldom that liberty of any kind is lost all at once." -David Hume
    1. Re:Further news... by Anonymous Coward · · Score: 0

      "There's nothing better than curling up in front of the fire with a nice, leathery old Ballzack"

      - SNL "Book Chat"

    2. Re:Further news... by Anonymous Coward · · Score: 0

      actually the product name ballzac is owned by the mattel toy corperation. it is a real product, and you are supposed to inflate a balloon inside the sack to make a ball...

    3. Re:Further news... by DGolden · · Score: 1

      I've got one - they actually work quite well - much sturdier than normal beach balls, and their fabric finish improves grip, and means that they're easier to catch and hold. They also don't have that icky (well, depends what you're into) slimy plastic feel of an ordinary beach ball when they get wet.

      --
      Choice of masters is not freedom.
  5. Uh... by Scoria · · Score: 4, Informative

    The patent

    by the isolation of ES cell lines from two primate species, the common marmoset (Callithrix jacchus) and the rhesus monkey (Macaca mulatta).

    -- the patent It looks like he might have been looking to patent embryonic stem cells of those species of primates, not human stem cells.

    --
    Do you like German cars?
    1. Re:Uh... by big_groo · · Score: 1

      Not quite. Read the patent. If on posesses a basic knowledge of embryology, you'll see that this is a process to extract and maintain a culture of cells. It makes no difference whether the cells are pig, monkey, dog, rat or of the CowboyNeal variety. The process is the same. That's the key here - process.

      If you ask me, your president (assuming you're American) who no doubt has *some* ties to the company that holds this patent, knew exactly what he was doing when he made his announcement to prohibit developing new cultures.I wonder what his stock portfolio will look like in about 10 years...

    2. Re:Uh... by Anonymous Coward · · Score: 0

      The patent is on culturing primate stem cells. Presumably making new stem cell lines, or even a unique culture, would require license according to this patent.

  6. Maybe this is the patent that makes us rethink. by minus23 · · Score: 1

    Maybe this is the patent that makes law rethink patents on human body systems.

  7. A Patent on Stem Cells? by bjwest · · Score: 1

    How can anyone patent a naturaly occuring cell? This is getting way out of control. Something needs to be done about the patent process NOW.

    --

    --- Keep the choice with the user..
  8. Excuse me... by JoeShmoe · · Score: 5, Insightful

    Say, Mr. Founding Father...what was that again about patents and copyrights providing a BENEFIT to society? Is this what was intended?

    Seriously, I think I remember reading that Benjamin Franklin was against the concept of patents because he himself invented a new type of indoor stove (Franklin stove I'm guessing) that was much much safer than the other indoor stoves at the time, which cause deaths from fire and smoke inhilation. A company in England tried to patent the stove's design after it was in use in the colonies and Franklin saw that there could be potentially lifesaving advances that would be unavailable thanks to patents.

    Imagine patents on seatbelts and airbags being used restrictively...like you could only get them or use them in Ford vehicles. AIDS vaccines are another key example. It is inexcusable that WIPO and other intellectual property organizations put corporate profit protection above human life.
    benefit of society".

    - JoeShmoe

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    1. Re:Excuse me... by zmooc · · Score: 1
      AIDS vaccines are another key example.


      OTOH; research for AIDS vaccines costs vast amounts of money. If such a vaccine cannot be patented, a company will most certainly think twice before starting research on that because it will be very hard to earn back the money invested in the research if other companies can create the vaccine much cheaper because they didn't invest in research. Consequence: a lot less corporate money will be spent on AIDS-research.

      --
      0x or or snor perron?!
    2. Re:Excuse me... by fors · · Score: 1

      Almost all AIDS research being done around the world is being done by government research grants not by private investment. But if the guy who develops it works for a corp then that corp will probably get the patent and if he works for a university then the university will get the patent and license it to the corp that the researcher started five minutes after he developed it. Government funded research should either not be patentable or be be required to be freely licensed at very low licensing rates. No corporation has the right to make large profits off of my tax dollars. I have no objection to them making a profit as long as competition is allowed and as long as the profit is at reasonable levels.

      --
      "If there is nothing you are willing to die for, then you are not really alive." Myself
  9. RTFP by werdna · · Score: 3, Informative

    Where did you get the idea that the patent was directed to a naturally occuring cell? It isn't.

    1. Re:RTFP by fluxrad · · Score: 1

      you're exactly right. the patent isn't for the cell itself, it's basically just a patent on turning the stem cell into a part of the nervous system, the circulatory system, the digestive system, the lymphatic system, or maybe the excretory sysem.

      there are plenty of other things scientists can do with stem cells than research how to re-grow brain tissue, or cure diseased livers (clear violations of the patent). For instance, other scientists could (without violating the patent) poke the stem cells with tiny sticks. They might, in the near future, make diorama's out of the stem cells ("you see, Dr. Stevens, the tall one is Abraham Lincoln"), or perhaps cuddle with the stem cells on those cold winter nights ahead. And, don't forget the s00p3r 1337 ability to pick up chix0rz with stem cell jewelry.

      So, maybe since I can't get me a patent on actual hair, I'll simply get a patent on combing the shit.

      --
      "It is seldom that liberty of any kind is lost all at once." -David Hume
    2. Re:RTFP by werdna · · Score: 2

      I wrote, and you have not contradicted the proposition, that the patent is not directed to a naturall occuring cell. Unless you consider the term "in vitro" to relate to a natural occurence, none of your whining is responsive or on point.

    3. Re:RTFP by fluxrad · · Score: 1

      how, exactly, is a "primate embryonic stem cell" not a naturally occuring cell?

      the patent is about stem cell cultures and their applications, which are groups of naturally occuring cells, just because they "grow" more of them doesn't mean they didn't originate naturally.

      --
      "It is seldom that liberty of any kind is lost all at once." -David Hume
    4. Re:RTFP by werdna · · Score: 2
      how, exactly, is a "primate embryonic stem cell" not a naturally occuring cell?

      When you type shit like that, particularly in the view of the title of this thread, try to get it right, OK? RTFP suggests that you "Read the fine patent," not just scan the stupid title.

      The answer to your question, exactly, is when the preparation (not the cell) is fabricated in vitro in a manner conforming with the patent claim and specification, in view of the prosecution history.

      In particular, just to help you along before you err again, consider claim 1:


      1. A purified preparation of pluripotent human embryonic stem cells which (i) will proliferate in an in vitro culture for over one year, (ii) maintains a karyotype in which the chromosomes are euploid and not altered through prolonged culture, (iii) maintains the potential to differentiate to derivatives of endoderm, mesoderm, and ectoderm tissues throughout the culture, and (iv) is inhibited from differentiation when cultured on a fibroblast feeder layer.


      I don't know how often preparations of stem cells for a year-long period in glass happen in nature where you live. In particular, where the year-long preparation is made so the cells maintain a karyotype in which the chromosomes are euploid and not altered through prolonged culture.

      Perhaps its my inexperience with such things, but the aforesaid sounds pretty man-made to me.
    5. Re:RTFP by fluxrad · · Score: 1

      i would very much like you to explain two things to me:

      1) where have i stated in this thread that the patent holders had a patent for the actual concept or existance stem cell? (a quote would suffice)

      and, since you do appear to know a good deal more about this than I:

      2)how embryonic stem cell research can continue elsewhere on a realistic scale without violating this patent.

      oh, and FWIW - i did RTFP prior to posting previously, it's implications seemed to me to be clear: that most useful stem cell research would violate this patent on some level.

      --
      "It is seldom that liberty of any kind is lost all at once." -David Hume
    6. Re:RTFP by werdna · · Score: 2
      Since you asked, I'll summarize the colloquy:

      The original post: How can anyone patent a naturaly occuring cell? This is getting way out of control

      I responded: Where did you get the idea that the patent was directed to a naturally occuring cell? It isn't.

      You wrote: you're exactly right. the patent isn't for the cell itself, it's basically just a patent on turning the stem cell into a part of the nervous system

      Of the view that this remark had nothing to do with the original post or my response, I wrote:
      I wrote, and you have not contradicted the proposition, that the patent is not directed to a naturall occuring cell. Unless you consider the term "in vitro" to relate to a natural occurence, none of your whining is responsive or on point.

      Your response, amusingly: how, exactly, is a "primate embryonic stem cell" not a naturally occuring cell?

      My reply: In particular, just to help you along before you err again, consider claim 1:

      1. A purified preparation of pluripotent human embryonic stem cells which (i) will proliferate in an in vitro culture for over one year, (ii) maintains a karyotype in which the chromosomes are euploid and not altered through prolonged culture, (iii) maintains the potential to differentiate to derivatives of endoderm, mesoderm, and ectoderm tissues throughout the culture, and (iv) is inhibited from differentiation when cultured on a fibroblast feeder layer.

      I don't know how often preparations of stem cells for a year-long period in glass happen in nature where you live. In particular, where the year-long preparation is made so the cells maintain a karyotype in which the chromosomes are euploid and not altered through prolonged culture.


      Bringing us to your question: 1) where have i stated in this thread that the patent holders had a patent for the actual concept or existance stem cell? (a quote would suffice)

      My answer: You never made that statement. I never said you did. You still haven't responded, on the merits, to the only proposition I have pursued in this thread: that the patent is not directed to a naturally occurring cell. It isn't. Q.E.D.
  10. The real reason for the new, higher comment IDs by Anonymous Coward · · Score: 0

    It makes deleting comments easier.
    In old times, if there had been a story without a #1 comment, or even #2 or #3,
    it would have been obvious something was deleted.
    With the new system, it will be much easier for people like
    michael
    to delete what they don't like without anybody noticing.

  11. The real reason for the new, higher comment IDs by Anonymous Coward · · Score: 0

    It makes deleting comments easier. In old times, if there had been a story without a #1 comment, or even #2 or #3, it would have been obvious something was deleted. With the new system, it will be much easier for people like michael to delete what they don't like without anybody noticing.

  12. Good side vs. Bad Side by ImaLamer · · Score: 2, Interesting

    This is what I'm worried about:

    "In turn, the foundation has granted rights to a biotechnology company, Geron Corp. of Menlo Park, Calif., giving that company considerable say over who ultimately profits from stem cell therapies."

    Of course you can't believe what other people are posting, no one is going to regulate sexual reproduction etc. The problem would be, who is going to be helped because of the research. Your local HMO and drug company is going to be helped way more than your Parkinsons striken mother.

    More? Read on:

    "I don't want people to see us as an 800-pound gorilla," Carl Gulbrandsen, the foundation's managing director, said. "We will work very hard with the government to make sure that there is access to this technology and that our patents are not an impediment to researchers."

    Then why did you patent it in the first place? More? Read on:

    "As far as experts know, the United States is the only nation to have issued a patent on human embryonic stem cells" [from the article]

    Of course we are! And we'll be the first to reward a patent [if you read on, you are legally bound not to take my patent idea] for breathing in through your nose and out through your mouth!

    And what tells me pro-life groups [Pat Robertson] will try to buy the patent holders out?

  13. Seizing the patent by mr100percent · · Score: 2

    The government could 'seize' the patent (through due process of law) in the public interest. Any prior art in this case? Other universities could be ahead, they just haven't said anything for fear of controversy.

    Or we could all say that patents suck, unless you patented something.

    1. Re:Seizing the patent by JM_the_Great · · Score: 1

      Prior art? like, say, a human being? :)

      --

      --Justin Mitchell
      "2nd Place is a fancy word for losing" --Bender (Futurama)
    2. Re:Seizing the patent by Anonymous Coward · · Score: 0

      patents don't suck, people do.

  14. There is an alternative source by Midnight+Thunder · · Score: 5, Informative

    Research at the Montreal Neurological Institute has revealed that there is an alternative source for stem cells. The source is from the skin of adult rodents, and they believe that this will also be possible with humans. The added advantage is that these stem cells would not be rejected when used in building organs for replacement.

    --
    Jumpstart the tartan drive.
    1. Re:There is an alternative source by ethereal · · Score: 1

      See, patents do encourage innovation! Perhaps you could say that science views ridiculous patents as an obstruction, and routes around them?

      --

      Your right to not believe: Americans United for Separation of Church and

    2. Re:There is an alternative source by Anonymous Coward · · Score: 0

      There are dozens of alternative sources for stem cells. However, as has been harped all over the media, embryonic stem cells have a great many potential advantages as a source of organs.

      Stem Cells extracted from skin, while they (almost certainly - there are cells in the immune system for which this is not quite true, and it *might* turn out to be true for other tissues as well) contain the exact same DNA as your clonal/embryonic stem cells would, have other differences that cause about half of their daughter cells to differentiate into skin when they divide - it's much more complicated than that, of course.

      It may be possible to cause them to differentiate into liver instead, but they are not, in some biochemical sense, primed to do that in the same way that an embryonic stem cell is.

      Overcoming this is almost certainly possible - but it may be harder than doing the same thing with an embryonic cell, and, as with Dolly, tinkering on this level may result in tissues which are somehow damaged - of course, tissues derived from embryos might be damaged, too, but it seems less likely.

      skh2003@columbia.edu

    3. Re:There is an alternative source by zero2k · · Score: 1

      Australian IT recently reported that Aussie researchers managed to isolate stem cells from adult brains since the brain always has to replenish the memory and sight areas.

  15. Why bother with embryonic stem cells? by bartyboy · · Score: 5, Informative
    Non-embryonic stem cell production has been unveiled a few days ago. Not only is it not patented, it also puts to rest many moral issues associated with stem cells of embryonic origin.

    So why would anyone keep using embryonic stem cells?

    1. Re:Why bother with embryonic stem cells? by Capt.+Beyond · · Score: 0, Flamebait

      Because embryonic stem cells are magic in that they can be made into ANY type of human tissue. Whereas adult stem cells are allready 'formed' into the type of tissue that they came from.

      --
      -- "Perceptions create reality. By changing your perceptions you change your reality."
    2. Re:Why bother with embryonic stem cells? by Tyler-Durden255 · · Score: 1

      "Magic" really? Do you think for yourself at all? You are an idot. Didn't you read the article mentioned? The adult "non-emprionic" stem cells are STEM CELLS! Duh, they can be induced to grow into many types of cells. The question is only if there genitic material is well preserved (free of mistakes) and if they are in fact as flexible as embrionic stem cells appear.

      When we get beond our narrow focus on "genetics is everything" research and isolate the proteans unique to to stem cells as well as ova paticulary, the whole of current legislation of stemcells will be meaningless as we will probably be able to revert almost any body cell into a stemcell or perhaps even a fertilized embro. We no longer require cast offs from fertility treatment.

      However we may be blocked from truely pursuing this research by emperically challenged ethisists and lawmakers who have no idea of the processes or marteials they are governing as they have already banned anything that could be called "cloning" and reverting a body cell to a stem cell or earlier for medical treatment is not that diffrent from cloning, though not the current technique currently successful at cloning.

    3. Re:Why bother with embryonic stem cells? by davidcorny · · Score: 1

      The reason why scientist still want to use embryonic stem cells is because they can be obtained with much greater ease than stem cells from a fully grown human. I'm just surprised that they didn't mention that in the article.

    4. Re:Why bother with embryonic stem cells? by The_Great_Satan · · Score: 1

      "Not only is it not patented . . . "

      Thanks for the tip, I'm on the phone with my patent lawyer now!

    5. Re:Why bother with embryonic stem cells? by Anonymous Coward · · Score: 0

      In the link, Dr. Freda Miller has the look of those women who will f*ck like a little minx all night. Whoohoo!

    6. Re:Why bother with embryonic stem cells? by jezmund · · Score: 1
      Didn't you read the article mentioned?

      Did you? These stem cells are only multipotent, whereas the reason embryonic stem cells are so popular is because they are pluripotent. The technique mentioned here is certainly useful, but it in no way replaces the value of embryonic stem cells. Not according to this article, at least. Try having something intelligent to say the next time you call some one an idiot.

      --

      "fist in the air in the land of hypocrisy"
    7. Re:Why bother with embryonic stem cells? by 037 · · Score: 1

      The reason that embryonic stem cells seem like the best way to go at the moment is that absolutely no adult stem cell has been shown to produce *every* cell type on demand apart from embryonic stem cells. Adult stem cells have proven to be multipotent -- they can produce several different types of cells. This is great, but embryonic stem cells are pluripotent -- they can produce every type of cell. (A full embryo -- in case someone is a big hound for completeness -- is totipotent and can not only produce any cell, but can produce a full, functioning human as well. This is not, however, useful to anyone but Dr. Moreau.)

      --
      Everything above may well be poorly-thought out / spelled. Blame the beer, not me.
    8. Re:Why bother with embryonic stem cells? by Chuk · · Score: 1

      People have also retreived stem cells from fat removed in liposuction. I'm sure that'd be an inexhaustible resource as far as research is concerned. It was reported in a recent volume of Tissue Engineering, but their webpage seems to be down now.

      http://www.liebertpub.com/TEN/default1.asp if it gets back up.

      --
      chuk
    9. Re:Why bother with embryonic stem cells? by Anonymous Coward · · Score: 0

      Could we still easily harvest stem cells from a 15 year old Democrat that hasn't really matured well beyond the embryonic stage? Or is that more difficult?

    10. Re:Why bother with embryonic stem cells? by Anonymous Coward · · Score: 0

      It's more difficult.

  16. Patents save lives by werdna · · Score: 3, Flamebait

    Imagine patents on seatbelts and airbags being used restrictively...like you could only get them or use them in Ford vehicles.

    Imagine that, indeed. As a matter of fact, there are a few gazillion patents covering every aspect of the field, and some of those patents dating back decades.

    AIDS vaccines are another key example. It is inexcusable that WIPO and other intellectual property organizations put corporate profit protection above human life.

    Nonsense. Patents make it possible for corporations to create life-saving technology and saves lives. Pharmaceutical companies raise capital from the marketplace for research and development and regulatory testing, not because shareholders are happy to volunteer funds for R&D, but because they hope the company will make a profit. If the company could not make a profit, the R&D and development wouldn't get done, and the products would be brought to market. If the company didn't have patents, competitors would simply free-ride on the R&D and compete with them using their own work. No profits, no product, no life saving drugs.

    Life saving drugs, such as tetracycline and a host of antibiotics, leukemia fighting drugs, and lifestyle preserving drugs such as Prozac and many others are the product of, not deterred by, the patent system.

    1. Re:Patents save lives by ToLu+the+Happy+Furby · · Score: 3, Informative

      Nonsense. Patents make it possible for corporations to create life-saving technology and saves lives. Pharmaceutical companies raise capital from the marketplace for research and development and regulatory testing, not because shareholders are happy to volunteer funds for R&D, but because they hope the company will make a profit. If the company could not make a profit, the R&D and development wouldn't get done, and the products would be brought to market. If the company didn't have patents, competitors would simply free-ride on the R&D and compete with them using their own work. No profits, no product, no life saving drugs.

      Life saving drugs, such as tetracycline and a host of antibiotics, leukemia fighting drugs, and lifestyle preserving drugs such as Prozac and many others are the product of, not deterred by, the patent system.


      Of course you're right, so far as life-saving drugs are really developed solely by privately-financed R&D. The reality, however, is very different.

      Indeed, a recent study found that, for the top 5 best-selling drugs currently on the market, fully 80% of the money which funded their development was put up not by the pharmacutical companies which own the patents, not by private investors, but by the federal government in the form of research grants. More generally (and for which I can find a link to back me up), between 70 and 90 percent of important drugs are developed with significant government help, and a whopping 38% of all health-care related R&D is financed by the federal government. (Government grants are heavily skewed towards basic research; thus we can expect that this displaces drug discovery research much more than eg. engineering type R&D for new technology in hospitals.) All the government gets back for their tremendous investment (other than a healthier society, which, of course, is their main goal), is a $50 patent fee.

      Obviously pharmacuticals still spend a tremendous amount of capital and incur large risks to take the final steps to bring a drug to market and test its safety and efficacy. (The government grants go more to the basic research end of things.) Indeed, you are right in suggesting that the current "free-market" drug development system would completely collapse if pharmacutical companies did not have the monopoly profits of patents to cover their capital investments. Nor could the system survive without government grants at their current, tremendous levels; while the pharmacuticals are certainly not struggling to keep afloat at the moment, their profit rewards are generally commensurate to the risks they incur from the share of development they actually do finance.

      What you should realize, however, is that the current system is not a free-market at all. It is so heavily subsidized as to transcend mere "corporate welfare"; instead it is really a huge socialist enterprise with a quasi-capitalist front-end tacked on. The solution, as impossible as it is obvious, is to remove the privatized delivery system and let the entire drug development pipeline be financed, and controlled, by government and academia. In other words, let science for the public good be run by scientists and the public, and not by businessmen.

      Thing is, as every developed country in the world except the US has realized, our ethical conception of medicine inherently clashes with capitalist motives. There are only two ways for an entity to profit from offering health care:

      1) by killing poor people.
      2) by being a broad enough entity that it can reap the benefits of providing health care without charging for it.

      #1 is obvious if you think about it for a while: if you charge the rate which the market will bear for live-saving treatments, then obviously some people will be unable to pay. If you think this does not go on in America today then you are very badly deluded.

      #2 refers to the fact that having a healthy population is essential for economic growth and a stable society. However, hospitals and pharmacutical companies are not broad enough to benefit from the fact that healthy people can provide a net economic positive while sick or dead people cannot. Our current system has a cobbled-together kludge to fix this: most people's health costs are borne by their employer, who *does* reap (some of) the economic and social benefit of them being healthy.

      The problem with this is that it only works for people who are currently employed in a job good enough to pay benefits. The 50 million uninsured in America are mainly young people--children, students, and those with entry level jobs. The economic and societal benefit they will provide later in their lives is often contingent on their remaining healthy today, but the current system can't recognize this.

      This is without even getting into the problems of the very poor: of the one-in-five children under 5 years old who lives beneath the povery line; of the mentally ill homeless who could provide a positive benefit to society if they could only recieve treatment. (Less than 50% of those below the poverty line recieve Medicaid, and it rarely provides more than emergency room care; a full 36% are completely uninsured, and thus obviously unable to pay for any medical care whatsoever. Uninsured In America, pg. 22, very large pdf.)

      The current system is completely broken, but it will take more than just patent reform to fix it

    2. Re:Patents save lives by werdna · · Score: 2

      Yeah, that Jonas Salk sure was one corporate whore. And awful folks like Tishler, Conover and Sheehan, damn those antibiotics. Who needed them? I'm sure they would have made it to all those poor people eventually.

      No doubt the profits of companies make some drugs unavailable to those who cannot afford them. That is why there are programs to provide medical care for the poor. That way, we can have both the virtues of the social product of the marketplace, and charity to boot.

      My concern about these drugs is, however, what if they never existed at all?

    3. Re:Patents save lives by ToLu+the+Happy+Furby · · Score: 3, Informative

      Yeah, that Jonas Salk sure was one corporate whore. And awful folks like Tishler, Conover and Sheehan, damn those antibiotics. Who needed them? I'm sure they would have made it to all those poor people eventually.

      The question is whether Salk et. al. would only have made their discoveries if their research was funded by a private company, as opposed to if they worked eg. at a research university and their research was funded by the university and government grants. I can't conceive of a reason why there would be any difference. I'm certainly not aware of any suggestion that Salk was motivated by the promise of monopoly patents rather than a desire to save millions of children's lives.

      Now, the question you have to answer is this: what if Salk et. al. had their own companies, and prevented anyone else in the world from developing killed virus vaccines, or antibiotics, for the 17 year patent period? Back in the 50's, only the vaccines or antibiotics themselves were patentable. If invented today, the entire fields of killed virus vaccines and synthetic antibiotics would likely be signed off on by the USPTO.

      By the by, you might be interested to know that Jonas Salk didn't patent the polio vaccine. Incidentally, he is a national hero.

      By contrast, Lloyd Conover wasted 27 years of his life defending his tetracyclene patent in court. For his efforts, he got inducted into the USPTO Hall of Fame. (As were Tishler and Sheehan. Salk, as mentioned above, did not merit an invite.)

      Incidentally, I had never heard of Lloyd Conover before in my life.

  17. Article in the Capital Times (Madison, WI) by LatJoor · · Score: 4, Informative

    Here's a link to another story in the Capital Times (in Madison, Wisconsin). It puts more emphasis on interviews with researchers at the WARF. They claim that they are being very responsible with a patent, far more so than a private corporation would be if it owned the patent.

    Unfortunately, the practice of licensing out research to private corporations has become common practice at the University of Wisconsin and other big research universities. Grad students sometimes do the work on research where the company gets to keep all IP gained from the research.

    The problem is that the state keeps cutting our funds every year, so the university constantly has to search for new sources of funding. The administration sees private companies as a source for this research money. However, the gain from private grants, etc., is often offset by the expenses the UW incurs by building new facilities for this corporate-owned research. We still end up footing huge bills, but then the public doesn't own the result.

    The researchers do have a point: at least a university research institution owns this patent, and they are concerned with the benefits of research, not profiteering. Many patents from university research now go to corporations. For example, earlier this year some UW researchers were given "free" access to Third Wave Technologies' proprietary Invader OS in exchange for promising Third Wave the right to develop any discoveries, which I assume means pursuing patents based on the UW researchers' work.

    1. Re:Article in the Capital Times (Madison, WI) by Anonymous Coward · · Score: 0

      First you say:

      that basically they patented it because they needed the money.

      then sou say:

      "they are concerned with the benefits of research, not profiteering."

      sounds to me like they are VERY concerned with the practice of making money and only trivially concerned with the research end of things.

      This is a freaking NATURALLY OCCURRING CELL!!!! what are they going to patent next??? this is completely rediculous, and NEEDLESS.

    2. Re:Article in the Capital Times (Madison, WI) by LatJoor · · Score: 1

      I don't like the patent either, but the WARf is not a for-profit company. They do want to make money off the patent, but the money will never be profits, it will fund further research. In that sense we should expect them to be more scrupulous about licensing the patent than a corporation would be. I HOPE they will be more responsible, but as always there are no guarantees.

  18. stem cell research by Capt.+Beyond · · Score: 0, Troll

    Man, the last time I did some stem cell research, I was flying for hours! whooo hooo! those stems were potent! and I couldn't stop laughing so much my stomach hurt for DAYS!!!!

    --
    -- "Perceptions create reality. By changing your perceptions you change your reality."
  19. Things that shouldn't be patentable by erroneus · · Score: 2, Insightful

    I'm thinking that among other things such as software, biological stuff like DNA and stem cells shouldn't be "patentable."

    In the case of biological stuff, it can clearly be shown that the patent applicant didn't actually INVENT the stuff!! For crying out loud! Maybe I should patent "apples" or "bananas!" I didn't invent them but are they patented? Probably not... so I guess I should be the first and then I'll hold Del Monte and Chiquita hostage until they pay my royalties.

    This patent crap is getting out of hand! I'm waiting for the day, and I think the day is getting too close too fast, when some company owns my left arm or something simply because I recieved some sort of graft from THEIR stem cells. Like, if I wanted to get a tattoo, I'd have to clear it through the board of directors for approval or something stupid like that. Who the hell is running the patent offices? It's getting ridiculous!

    1. Re:Things that shouldn't be patentable by cyberwench · · Score: 2

      The problem is that this patent is a patent of process, not cells themselves. They've patented the method of turning one specific line of stem cells into other kinds of cells (which is the thing that makes stem cells so useful). Fortunately, with the advent of newer technologies, embryonic stem cells may no longer be needed. It's hard to say as of right now, though.

      Otherwise, I agree with you. I was going to say that most of the patents getting through were on processes and not the cells themselves... but that doesn't explain how naturally occurring molecules (like those in medicinal plants) and genomes could be patented. "I found it, so now it's mine" just isn't a valid rationale for a patent, in my opinion. Patent what you _do_ with something, that's at least vaguely reasonable.

      --
      ~ Leilah
  20. In related news by Anonymous Coward · · Score: 0

    Upon birth, every infant will now be immediately imprisoned for violating the stem cell patent.

  21. There's little to be said about this... by Saib0t · · Score: 1
    It's just another proof of how bad the current patent system is.
    *sigh* Granting patents for everything... *sigh*

    I can't help feeling depressed everytime I read a patent story on /. nowadays...

    --

    One shall speak only if what one has to say is more beautiful than silence
  22. Good. I'm glad there are patent difficulties here by mgflax · · Score: 1

    Perhaps this will finally get large numbers of people to understand how damaging the current patent system can be. (And it won't stop the research, but it will make people think.)

  23. Power of Patents by MobyDisk · · Score: 4, Insightful

    Let's not get confused here. Have a patent on concept X does not give me the right to stop all research on related topics X1 and X2. It prevents you from developing X, calling it your own, and selling it. The Thomas Edison foundation holds a patent on the light bulb, but that doesn't mean I cannot research LEDs, or new types of light bulbs.

    1. Re:Power of Patents by Anonymous Coward · · Score: 0

      That is of course unless there is patent for general illuminating devices specifically for humans to use at night time. Ain't the patent system grand?

    2. Re:Power of Patents by kcbrown · · Score: 2, Interesting

      No. Having a patent on X means that anyone who wishes to make X or use X must first obtain your permission (i.e., a license).

      That means that if you own a patent on X, then anyone who needs to use X in order to do their research must obtain a license from you. It means that you can prevent their research if their research requires that they be able to use X.

      U of W has, from what I've read, a patent on the growth and maintenance (among other things) of human stem cells. Obviously such growth and maintenance are required if you want to do research on them!

      A patent isn't like a trademark. It's a monopoly on a product or a process or a method.

      So if, for instance, you wish to research other ways of growing stem cells, you still have to either obtain a license from U of W, obtain stem cells from someone who has licensed the patent, or obtain them from somewhere outside the country, since you need stem cells to experiment with. In short, this patent is a roadblock in front of stem cell research in general.

      Because its role can be only to hinder research and development, this patent should be ruled as unconstitutional as it blatently flies in the face of the Constitutional purpose of patents.
      Too bad only laws can be ruled unconstitutional...

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    3. Re:Power of Patents by Anonymous Coward · · Score: 0

      Edison was a fraud.

  24. Prior Art by Anonymous Coward · · Score: 0

    Doesn't prior art on this go back, oh, about 300 million years or so?

  25. Blessings by fizban · · Score: 2, Insightful
    This is a GOOD THING. By having a *public institution* own the patents to ALL the stem cell lines, it's going to be MUCH easier for researchers to have access. Despite what many people think, patents actually can be a good thing. It's just we've seen them so many times abused by PRIVATE organizations. Instead of spouting off the normally uneducated response that most of the 15-year-old Slashdot readers here have, try thinking about the issue first.


    in the NYT, this is a link to the not free account-requiring Charlotte Observer.


    I find it extremely ironic that the people who complain about signing up for accounts at the NYT still have accounts here at Slashdot. I mean, what's the damn difference? I could understand this statement coming from an Anonymous poster... The uneducated hypocritical Slashdot reader rears its ugly head again. Mod me down or flame me all you like, but you know its true.

    --

    +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

    1. Re:Blessings by Doppleganger · · Score: 2, Insightful

      I find it extremely ironic that the people who complain about signing up for accounts at the NYT still have accounts here at Slashdot. I mean, what's the damn difference?

      Sure, this is offtopic, but..

      The difference is simple, really. Here at slashdot, you are not forced to give up your privacy in order to see the content. Even when you register for an account, you don't have to give away anything other than your email address, and that is only for passwords. Places that force you to give information, on the other hand, obviously place extra value on knowing who you are - value that they can sell to other people.

      Personally, I think my privacy is worth a lot more than the amount it should/would cost to view the content on those kinds of sites if they were pay-per-view. You may not.. *shrug*

    2. Re:Blessings by fizban · · Score: 1
      Ah, ah, BUT, the NYT doesn't require any personal information that can be associated with you individually, except an email address, which can easily be taken from an anonymous email service if you're paranoid enough. The only information they require is obviously for statistical purposes, so they know what reader base they have.


      It is true that you are not required to give up your "privacy" in order to get content at Slashdot, but even at the NYT, you are not forced to give out anything either. You can make all that shit up and you still get an account. (Oh, it wastes my time then... Well, 15 secs is worth it to me to read their content). If it's such a big deal, then why aren't all the readers here anonymous? Why aren't you posting anonymously? It is NOT a simple difference. Like I said before, I could understand the paranoid statements coming from Anonymous posters, but people who have already chosen to give away their "privacy" saying these things is hypocritical.

      --

      +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

    3. Re:Blessings by The_Great_Satan · · Score: 1

      "I find it extremely ironic that the people who
      complain about signing up for accounts at the NYT
      still have accounts here at Slashdot. I mean,
      what's the damn difference?"

      NYT: The nature of reading is such that it does not and should not require identification, demographic data, and a contact address. For the service the NYT provides, an account is not necessary or appropriate.

      Slashdot: Reading and even anonymous posting can be done without an account. I repeat, you do not need an account to use Slashdot. The account is only necessary when you want extra features. If you want to create a persona (such as fizban, or The_Great_Satan, or Signal_11) and be recognized, it makes sense that you would have to create an account. Otherwise there would be 500 Morpheus's posting and you wouldn't know who was who.

      "The uneducated hypocritical Slashdot reader rears
      its ugly head again."

      Yeah, I guess so.

    4. Re:Blessings by Doppleganger · · Score: 1

      Hmm.. well, NYT requires email, zip code, age, and sex. And they *could* relate the last three with the email address, if they really wanted.

      Sure, you can make up that stuff. The account I use to read NYT articles was actually made that way, with a username and password that easily shows that I get most of my NYT links from Slashdot. But now I'm lying on the form, simply to avoid giving away information that I'd rather not give away.

      You don't have to lie on Slashdot. You can view comments, and air your own opinions, on the anonymous account. If you choose to create an account, you don't have to work around anything that isn't required simply for security purposes.

      I've got my own reasons for giving away what small amount of privacy I give away on this site. It has to do with taking responsibility for my own words, rather than voicing them from behind a faceless mask. From that viewpoint, registering on the NYT site simply to view the content is a very different thing altogether. I don't think that's at all hypocritical.

    5. Re:Blessings by fizban · · Score: 1

      You missed the whole point.

      --

      +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

    6. Re:Blessings by fizban · · Score: 1
      1) I think it's hypocritical to complain about giving someone your "private" information that you've already given out to someone else.


      2) You don't have to lie. Just get an anonymous email address, which you probably already have if you really care about your privacy that much, so no time lost there.


      3) Like I already stated, NYT is obviously using that information for general statistics so that they can get advertisers to use their site. I would gladly give that to them in order to continue to have access to their content for free, rather than subscribing to the print edition.


      4) There are ways (which have been pointed out before on this site) to get around their registration if it REALLY bothers you, so why the hell do we have to keep reading the fucking whining on this god damn site about the free fucking registration? Just get over it, please. It's really not that big a deal as to require complaining about it on every fucking link to the NYT. We KNOW already!

      --

      +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

    7. Re:Blessings by The_Great_Satan · · Score: 1

      Your point was that there is no difference between creating a NYT account and creating a Slashdot account, and also that anyone who has a Slashdot account and bitches about creating a NYT account is a hypocrite.

      I disagreed, and having read your responses to doppleganger, still disagree. However, for the sake of brevity I'll move over to the aforementioned thread. See ya there.

    8. Re:Blessings by The_Great_Satan · · Score: 1

      "1) I think it's hypocritical to complain about giving someone your "private" information that you've already given out to someone else."

      I haven't given my sex, zip code, or age to Slashdot, but I will and do gladly complain about everyone who does require demographic information. Thus, not a hypocrite.

      "2) You don't have to lie. Just get an anonymous email address, which you probably already have if you really care about your privacy that much, so no time lost there."

      What he was referring to was lieing about age, sex, and zipcode.

      "4) There are ways (which have been pointed out before on this site) to get around their registration if it REALLY bothers you, so why the hell do we have to keep reading the fucking whining on this god damn site about the free fucking registration?"

      Because not everyone agrees with the collection of demographic information or the existence of massive consumer databases. Those who don't are going to object and continue to object. This is why.

      "Just get over it, please. It's really not that big a deal as to require complaining about it on every fucking link to the NYT. We KNOW already!"

      I don't, but if I did, my answer would be "no," and cursing wouldn't change my mind.

    9. Re:Blessings by fizban · · Score: 1

      You forgot to reply to number 3.

      --

      +1 Insightful, -1 Troll. What can I say, I'm an Insightful Troll.

  26. So what has everyone done? by Lumpy · · Score: 4, Insightful

    when issues like this come up, and everyone here is pretty much agast at some stupid patent or law, what do we do? I mean other than whine and moan here about it. How many of you write an email to president@whitehouse.gov? how many take an ounce of effort and figure out the email of your congressman or house of represenataive member and then email them? I wont mention actually writing a real letter and mailing it, as most everyone here is either too lazy or cheap to do such a thing. but instead of whining how about actually being a member of society? we as a collective can and do crash servers on a regular basis. but do we take one bit of effort to write a letter that sounds like it was writen by someone that actually passed 10th grade and send it to someone who does have the power to change the law/problem? no way.

    I dare you, I dare all of you. to write an email to the president and vice president, voicing your concern that his important decision is being controlled by some un-american legislators in a wisconsin college. And you as a voting american citizen (or as a forign interested party) would like to know what he is going to do about it.

    Dont use L33t or swear every 3 words like an illiterate turd.

    I'll bet that none of you have the guts or even brain power to do it. (Yes this last line is an intentional troll... as it seems that someone has to slap the slashdot collective in the face to get it's attention)

    --
    Do not look at laser with remaining good eye.
    1. Re:So what has everyone done? by kcbrown · · Score: 1
      And how many times have we seen people saying that they've done exactly these things without any effect whatsoever?

      I'm sorry, but I'm not going to waste my time and effort when there's no evidence that it will do any good and plenty of evidence that it won't.

      If your congresscritter is 0wn3d by the corps, then you're an idiot if you think writing a letter is going to do a damned thing.

      The only way a congresscritter is going to take you seriously is if you either:

      1. happen to be someone who will, at election time, have a bigger voice than him (bigger advertising budget, better access to the media, etc.) and threaten to take him down, in which case why the hell aren't you going to run against him at election time? Or
      2. include a fatter check with the letter than what he's likely to get from the companies that 0wn him.


      That is, unless said congresscritter is actually one of the tiny, miniscule few who actually have integrity. How many of us can say that our congresscritter is one of these few?
      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    2. Re:So what has everyone done? by Anonymous Coward · · Score: 0

      Sorry but if you slashdot the presidents email box. they will take notice. but if he says most here are lazy like you then we are really doomed.

      you give the corps their power, you are their pawn.

    3. Re:So what has everyone done? by Anonymous Coward · · Score: 0
      You goddamn fucking shit head asshole dick.


      So much for the three sea shells.

  27. Court TV... by TroyFoley · · Score: 1

    Coming up next: The epic case of the University of Wisconsin v. Nature

    --
    After I have received the wisdom of good teaching, I will untiringly teach all people. - The Teachings of Buddha
  28. Tommy "Gun" Thompson by Booker · · Score: 1

    Wisconsin... now why does that ring a bell... oh yes, that's where Thommy Tompson - the strongly pro-life, yet strangely pro-stem-cell research Secretary of Health and Human Services, used to be governor. Surely it's not about the money?

    1. Re:Tommy "Gun" Thompson by Anonymous Coward · · Score: 0

      Being pro-stem-cell and pro-life are not conflicting at all.

    2. Re:Tommy "Gun" Thompson by taxman_10m · · Score: 1

      One of the main tenets of the prolife movement is that individual human life begins at conception. Embryonic stem cell research entails the willful destruction of the product of conception.

    3. Re:Tommy "Gun" Thompson by Anonymous Coward · · Score: 0

      Who said anything about embryonic stem cells? One of the known ways to harvest stem cells are from embryos. There is also fruitful research that has been able to harvest stem cells from adults. Therefore by attempting to shut down all stem cell research they are also banning the research that has no affect on embryos.

  29. Not as bad as it sounds by Kenyaman · · Score: 1

    They've patented their line of stem cells (which seems quite odd in an of itself since they didn't actually invent them), and the method by which they obtained them. The patent can be viewed online at uspto.gov. Presumably there's nothing to prevent someone else from developing a line (and, in fact, if there are 60+ lines, this surely has happened) using a different process.

  30. Re:Patents save lives...but do they save enough? by JoeShmoe · · Score: 2, Insightful

    As a matter of fact, there are a few gazillion patents

    Please read what I said. I did not say "imagine if there were patents" because I know there are patents on practically every engineering advance. I said what if they were used restrictively. What if Ford developed seatbelts, Honda came up with safety glass, and Volvo invented air bags? Well then you, dear consumer, would have the joy of choosing whether you died in a crash from being thrown from your vehicle, bleeding to death from severe lacerations, or internal bleeding from impacting the steering column.

    Instead we have different makes of cars that have all three...moreso there are even governmental laws that say you MUST have these things to sell a car in the United States. Now, if the cost of licensing these patents were prohibitive, I highly doubt we would have these situations. While I'm not sure of the exact mechanism, I'm sure there are some trade organizations who take responsability for cross-licensing and pooling patents much like computer manufacturers do.

    Patents make it possible for corporations to create life-saving technology

    Now let me address this...I don't think companies should be asked to eat the cost of R&D even though in an ideal world, life-saving advances would be funded by charities for the sole purpose of ending a problem and not making money. But this is not an ideal world so I can accept that investors are getting together to fund research into some drug that will provided a benefit, perhaps save lives.

    But here is where the little simple model you outline breaks down...the patent system does not draw a distinction between someone who invents a new widgit that, while making people happy, is essentially a luxurty and someone who invents a new widgit that saved lives. How much should someone be allowed to profit off the second situation?

    Pharmaceutical companies don't just recover their R&D costs. They don't just double their initial investment. They invest millions and make billions. The 17-year or whatever lifespan of a patent is a money-printing machine when it comes to things people MUST (not just would like) to purchase.

    In the extreme case, a company could find a cure for cancer. Auction one dose of the drug per month to the highest bidder. What would be the result? Cancer-ridden billionaires would live into their 90s while kids get shuttled off to orphanages because their hard workin' mama got breast cancer at age 30. Could anyone possibly argue that this situation is any better than not having that cure in the first place?

    As another example...I recently visited my grandparents and found them lying in a room with the shades drawn, damn washcloths on their foreheads with a fan blowing over a pan of water to form some sort of evaporative cooler. They were afraid if they used the air conditioning they wouldn't be able to afford their power bills. So they sat there in 90-degree heat with 85% humidity. Why? So a power producer in the midwest can make take a 500% profit increase to its giddy shareholders.

    The power crisis in California was caused by moron buerocrats who did what the lobbiest told them. Now we have a big mess and I understand that we are going to have to take responability for it. But in the meantime should anyone be allowed to profit from misery?

    Maybe the fault lies in our corporate system for rewarding financial gain at all costs. Maybe the fault lies in the fact that when we put on the shareholders mask we gets to throw away our moral compass and sue our board if they don't move in for the kill. Regardless, it is going to have to change if things keep going like this.

    There are legislators in California that want to see to it that energy companies get capped at 200% profit and are forced to return anything above that. Likewise, shouldn't pharamaceutical companies have a similar cap?

    If the goal of the patent is to promote development by securing financial gain...then why don't we have a patent system based not on time (which is completely arbitrary) but on finances? As soon as you have made 200% return on your investment then society gets to benefit as well. I'm not saying this needs to be done for every patent, but there should definitely be some consideration given to patents that can affect the health of a society.

    There's a big difference between some fat cat sitting on a pile of money because he invented the next Cabbage Patch/Tickle Me Elmo/Kirby and a fat cat sitting on a pile of money while people starve because poor farmers can only afford to buy a single generation of patented non-reproducing seeds.

    - JoeShmoe

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  31. Speaking from experience with the UW... by epaulson · · Score: 1
    I'm a researcher at the University of Wisconsin, though not in Biotech area. I've actually got a packet of documents asking me to sign over my code to the WARF - the Wisconsin Alumni Research Foundation, which is quasi-attached to the Unive rsity, and by state law is who we're supposed to go to first if we want to patent anything. My undertanding of the rules are that we don't have to sign things over to them if we don't want to, but they have to be our first stop if we do. That's the sort of neat thing about the UW - the University doesn't automatically own our work.

    The WARF has a royalty distribution scheme that pays the inventor a cut, the Graduate School a cut, and the department a cut. The WARF has had some pretty big patents before - adding Vitamin D to Milk was the WARF's first patent, and made the University a lot of money. Another big one is Warfarin, which is a well-known rat poison (I've always enjoyed the fact that a building full of lawyers has a rat poison named after it)

    1. Re:Speaking from experience with the UW... by Anonymous Coward · · Score: 0

      Adding a vitamin to milk was patented? That doesn't sound too impressive.

    2. Re:Speaking from experience with the UW... by SpacePunk · · Score: 1

      Considering the current patent, you should be ashamed to be associated with them in any way.

  32. There are no "500% profit" businesses by elandal · · Score: 1

    Even if sometimes an investment can return tenfold, the businesses where that occurs are ones that often have 100% loss from investments.

    A company that creates the cure for cancer (for example) has already made massive R&D in several areas, and have to cover losses where research doesn't lead to a profitable product.

    If such a situation arises where a company has something it's not willing to license or sell but is important for the general healthcare, the governments will act.

    However, remember that if medicine is sold at 1% of the usual price to the poorest countries, rich people will try to smuggle the medicine back because it'd still be only a fraction of the price in western countries, so a balance has to be struck so that the poor countries get it for a price that wouldn't actually even cover the R&D while the price of R&D is taken from the rich countries.

    1. Re:There are no "500% profit" businesses by Anonymous Coward · · Score: 0

      maybe the drug companies should try coating the pills in a region-coded coating to prevent this. asian stomachs would be unable to digest pills from the european markets.

      but what to do about those pesky region-free stomachs....

    2. Re:There are no "500% profit" businesses by fors · · Score: 1

      And I suggest you look at the average net profit of drug companies. There is a lot of room for prices to come down and still make a respectable profit. Any potentially life saving treatment brought about with any government funding should not be patentable. The drug companies do not have a right to make a profit from my or anyone elses tax dollars. There needs to be a law barring state or federal institutions from licensing patents in a prohibitive way.

      --
      "If there is nothing you are willing to die for, then you are not really alive." Myself
    3. Re:There are no "500% profit" businesses by elandal · · Score: 1

      Drug companies don't make all that good profit. Try calculating returns of investment with reasonable risk profiles for eg. just the fortune 500 companies and see it yourself. And try to make the risk profiles reasonable.

  33. A serious problem by mdw2 · · Score: 2, Interesting

    One of the most serious problems we have today with the patent office is this: the allowing of patenting of discoveries. Discoveries are not inventions, no one invented the stem cell, they simply found it. This is the same mindset that allows companies to patent parts of the human genetic code. I believe we have bigger issues to worry about with the patent office than software.

    --
    This sig intentionally left blank.
  34. Bummer... by Greyfox · · Score: 2
    Looks like Reeves is going to have to wait another 17 years before getting so much as a chance to walk again.


    Sorry, dude!

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  35. I've had it... by LilGuy · · Score: 1

    That's about enough patent BULLSHIT. I can't stand reading about all these new patents that make NO SENSE. How can you patent a human stem cell? Are you god? Didn't think so.

    I'm not sure what the future holds in store for us all, but with crazy shit like this, I'm sure its going to get interesting.

    --

    You're nothing; like me.
    1. Re:I've had it... by Anonymous Coward · · Score: 0

      No GOD exists, you just rot.

  36. Limited Differentiation by cyberwench · · Score: 2

    The only problem with this so far is that while the skin stem cells do differentiate into multiple types of cells, so far they haven't been able to get quite the range that you can with embryonic stem cells. It's quite possible that they may be able to differentiate them into more cells as they continue work along these lines. They have, however, ended up with some of the most important ones for research.

    My question is... if they don't patent it, how long will it be until someone else does? There's lots of money in stem cell research. That's good in some respects (more research is good!) and bad in others (more money to hire patent lawyers!).

    --
    ~ Leilah
    1. Re:Limited Differentiation by Anonymous Coward · · Score: 0

      so far they haven't been able to get quite the range that you can with embryonic stem cells.

      Well, so far this range is somewhat hypothetical. We know embryonic stem cells can become any other type of cell because that's where people come from. But we have not yet been able to turn them into all types of cells in the lab.

      So although we haven't been able to get adult stem cells in vitro to do everything that embryonic stem cells can in vivo, we haven't been able to get the embryonic ones in vitro to do all these things either.

      So the criticism of the adult stem cell research is relatively weak.

    2. Re:Limited Differentiation by cyberwench · · Score: 2

      I think you misunderstand me. They haven't been able to get skin stem cells to differentiate in vitro into as many types of cells as they have been able to differentiate from embryonic stem cells in vitro. This is something that the researchers on this project stated quite clearly when they released their paper.

      They may be able to get the skin cells to differentiate into more types, it's just they haven't managed to do it yet. However, some of the most important cells for research are currently able to be derived from skin stem cells. So, while it's not a complete replacement for embryonic stem cells, it is close.

      --
      ~ Leilah
  37. It won't last by jandersen · · Score: 1
    - for two reasons:



    1. Patenting mechanical and electronic devices may make sense - those things are relatively simple, and it is relatively doable to a new gadget is actually new. Also there tends to be fewer of them, so the job of comparing things isn't quite as big. But software patents and gene patents will come roaring like a tsunami, and each new case is incomprehensibly complicated. They will die from information overload.



    2. This kind of patenting is unfair and unreasonable etc etc. Need I elaborate? I think every thinking person (except for those who have money invested in such patents) feels this. This is not the right way to protect the investments.



    I think we (America and un-America ;-) should do the right thing: say no to software- and gene patents. Open source will probably take care of the software patents anyway. But these absurd gene patents - all medical companies should be required to place their results in public domain. Once they get over the initial whining about how unfair it is and how little they will invest in new research, they will get right back to work as usual. Of course they will; they still want to make money, right? If not, somebody else will, I'm sure.

    1. Re:It won't last by Anonymous Coward · · Score: 0
      So if I geneticaly alter corn to produce twice what it does now, I cant patent my genetics?

      I don't think so.


      You better brush up on your history.

    2. Re:It won't last by Anonymous Coward · · Score: 0

      There underlying consenus that these patents do not make sense - to us or the general public - seem dangerous.

      The reality of these situations is that, they will be gradually accepted and the public outcry will fade. Unless pressure is applied to the governments and the large companies involved. Now.

      Responsibly worded letters or emails could be our best attack.

  38. More info directly from UW... by daveschroeder · · Score: 1

    UW Stem Cell Press Kit http://www.news.wisc.edu/packages/stemcells/ UW Waisman Center Stem Cell Research Program http://www.waisman.wisc.edu/scrp/ UW WARF Stem Cell licensing page http://www.wisc.edu/warf.boi/p00103us.html

  39. Does this help anyone by Anonymous Coward · · Score: 0

    So if chemo knocks out all my remaining stem cells I have a US patent to blame for not being able to be treated effectively (I think I'll have to find a compatible adult donor). Does this help anyone (other than the patent holder?)

    OK, so the original idea of patents is great, and if someone invented a great new novel machine to solve XYZ medical problem then a patent may be due, but this one sounds to be very broad, as well as covering something natural.

  40. If this patent holds water... by Boone^ · · Score: 2

    Looks like I won't have to be donating $$ to my alma mater anytime soon. :)

    Let's Go Red!

  41. What the CLAIMS say by yerricde · · Score: 2

    The only thing in a patent that holds force of law is the list of claims. I'll excerpt here:

    1. A purified preparation of pluripotent human embryonic stem cells which (i) will proliferate in an in vitro culture for over one year, (ii) maintains a karyotype in which the chromosomes are euploid and not altered through prolonged culture, (iii) maintains the potential to differentiate to derivatives of endoderm, mesoderm, and ectoderm tissues throughout the culture, and (iv) is inhibited from differentiation when cultured on a fibroblast feeder layer.
    In other words, the only practical way to maintain a stem cell line.
    9. A method of isolating a pluripotent human embryonic stem cell line, comprising the steps of isolating a human blastocyst; isolating cells from the inner cell mass of the blastocyte of (a); plating the inner cell mass cells on embryonic fibroblasts, wherein inner cell mass-derived cell masses are formed; dissociating the mass into dissociated cells; replating the dissociated cells on embryonic feeder cells; selecting colonies with compact morphologies and cells with high nucleus to cytoplasm ratios and prominent nucleoli; and culturing the cells of the selected colonies to thereby obtain an isolated pluripotent human embryonic stem cell line.
    This method of getting at the stem cells looks pretty obvious to anyone who has ever studied the field.

    I guess this patent will focus U.S. researchers on getting stem cells from other places.

    --
    Will I retire or break 10K?
    1. Re:What the CLAIMS say by Anonymous Coward · · Score: 0

      I guess this patent will focus U.S. researchers on getting stem cells from other places.

      You mean like human adults?

  42. (OT)Editors don't delete comments by yerricde · · Score: 1

    In old times, if there had been a story without a #1 comment, or even #2 or #3, it would have been obvious something was deleted.

    Slashdot very rarely deletes comments; it rarely has to. Most of the time what you see as deletion is really just moderation down to -1; please read the FAQ. The only time Slashdot deletes comments is when Score:-1 is not acceptable, such as when a copyright owner sends Slashdot's copyright agent a takedown notice.

    --
    Will I retire or break 10K?
  43. Much more on non-embryonic cells by Rikardon · · Score: 1

    There's a lot more research being done on non-embryonic stem cells than the recent McGill announcement. See this overview of current research by Michael Fumento, writing in the National Post.

  44. An I the Only One? by Anonymous Coward · · Score: 0

    Am I the only one that thinks that just maybe, God
    has prior art on this one?

    Failing that, Mother nature should file a prior art claim and maybe even my ancestors should file a claim. After all, they were all spawning/creating stem cells before the US patent system was invented.

    HTF can you patent something that's naturally occuring? If we can do that, I'm gonna patent
    the mitosis process and charge everyone a penny anytime one of their cells infringes on my patent.

    ~~Cannis

  45. New York Times Link by Alien54 · · Score: 2
    Here is the Link to the NY Times article

    Seems like there is a bunch of infighting going on

    - - -
    Radio Free Nation
    is a general news site based on Slash Code
    "If You have a story, We have a soapbox"
    - - -
    Check out the Vinny the Vampire Comic Strip

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:New York Times Link by Anonymous Coward · · Score: 0

      It's worth noting that the original article includes at least 9 more paragraphs of information than the reprint in the Charlotte Observer. Like all newspapers, the Observer cuts wire service stories to fit into the available space.

  46. (Test)Seems to take only the last two elements by Anonymous Coward · · Score: 0

    It strips long .com addresses down to the SLD and TLD. So what would it make of Amazon's UK operations?

  47. Read the freaking abstract by Anonymous Coward · · Score: 0

    In a particularly advantageous embodiment, the cells of the preparation are human embryonic stem cells, have normal karyotypes, and continue to proliferate in an undifferentiated state after continuous culture for eleven months.

    They make it explicitly clear that the patent applies to human embryonic stem cells as well as those of the other primates. The section you quote refers to the "present invention."

    See, you need to invent something before you can patent it. They claim to have invented culturing primate embryonic stem cells (and they may well have been the first to do it), and they patented the general application to all primates, including humans.

  48. Look at the claims... by Artagel · · Score: 2

    Let's look at the claims, the part of the patent that defines the legal rights. The first claim is...

    1. A purified preparation of pluripotent human embryonic stem cells which (i) will proliferate in an in vitro culture for over one year, (ii) maintains a karyotype in which the chromosomes are euploid and not altered through prolonged culture, (iii) maintains the potential to differentiate to derivatives of endoderm, mesoderm, and ectoderm tissues throughout the culture, and (iv) is inhibited from differentiation when cultured on a fibroblast feeder layer.

    You can read the patent to find out what the terms mean. If a stem cell line does not have all of the features above, it doesn't infringe. A short-lived stem cell line might have been a practical way around this patent before President Bush restricted federal funding for research involved with making more stem cell lines.

    1. Re:Look at the claims... by Anonymous Coward · · Score: 0

      If it didn't hold up to all of these, your stem cell lines would be useless anyway.

      The only thing that could really get you out of this cause is to figure out a way of inhibiting differentiation by way of something other than a fibroblast feeder.

  49. Re:Stem cell research is a waste by NoMoreNicksLeft · · Score: 0

    Last I heard, the only "baby" jews eat, is your girlfriend. She's tired of your premature ejaculation and two inch penis, and loves getting circumsized cocks slammed into her cunt. It really bothers you that your balls are so shriveled, but please don't take it out on the slashdot readers.

  50. Which Pill do you support taking? by 3seas · · Score: 1

    From my own Web pages Blue Pill vs. Red Pill

    The Nature of a Patent is "The Right To EXCLUDE"

    Interpretations of the Patent statute by the courts have defined the limits of the field of subject matter
    which can be patented, thus it has been held that the laws of nature, physical phenomena and abstract ideas
    are not patentable subject matter.

    TWO VIEWS:

    The BLUE PILL (a part)"Protection of industrial property is not an end in itself: it is a means to encourage
    reative activity, industrialization, investment and honest trade. All this is designed to contribute to more
    safety and comfort, less poverty and more beauty, in the lives of men.

    The RED PILL (the whole) WHO WE ARE AND HOW WE WORK IS NOT TO BE KEPT FROM US,
    NOT TO BE HIDDEN FROM OUR ABILITY TO PERSONALLY USE! AND CERTAINLY NOT
    SOMETHING TO CHARGE US FOR THE RIGHT TO ....USE, ....!

  51. Prior Art! by NoMoreNicksLeft · · Score: 2, Funny

    I haave something on the order of 50 million pieces of evidence, and I encourage others to submit theirs, too. There is a high likelyhood that stem cells can be found in my fat tissue, skin, heart, brain tissue, and at various other places throughout my body. Since circumstances cleary show that I must have had these for nearly three decades, I don't see how this patent is valid. As a matter of fact, if I had had the foresight to patent them myself, back in '74, my patent would have already expired.

    I've spent a great deal of my life developing and growing these stem cells, often at great nutritional cost to myself, and I would be apalled if the USPTO granted exclusive rights to some snotty little thief who thinks that they can just steal it out from under me.

  52. Just out of curiosity... by Anonymous Coward · · Score: 0

    What happens to a patent when it's holder and all his heirs die in a bizarre accident?

  53. Is there any coordination in editing this site? by Krelnik · · Score: 1
    I know this is offtopic (so flame away) and this is an old bugaboo, but its annoying to me. I submitted this same item, with the link to the original story on The NY Times as well as four or five other useful links (including to the actual patent) on Friday afternoon, and it was rejected:

    2001-08-17 15:37:07 Stem Cells are Patented (articles,news) (rejected)

    Do the Slashdot editors ever talk to each other or coordinate what they are doing in any way? I try to submit stories regularly, but they always get rejected. I don't know why I bother.

  54. odd patent by mj6798 · · Score: 1
    As I read it, the patent doesn't apply to just the specific stem cell lines that were created at the University, but to all primate embyronic stem cell lines. The odd thing about the patent is that many of its claims could have been written before human stem cells were ever cultured: it describes what people wanted to achieve. It's like patenting desktop fusion or anti-gravity without telling people how to achieve it (other claims of the patent do describe methods, but those are separate claims).

    This crosses another threshold in the patenting of living things. Up to now, patents have been on specific, identifiable species, cell lines, DNA sequences, or organisms, and even that has met with considerable resistance. But this patent is on any cell line that has desirable properties, whether found by these researchers or by anybody else. Another analogy is that if you discover the first apple tree, you claim a patent on any tree bearing sweet fruit.

    I think society needs to think carefully about whether these kinds of patents are in the public interest. It might be defensible to let the university make claims on specific cell lines and on methods for creating those cell lines (and even that seems dubious to me), but I see no basis in patent law for the more general claims to all primate stem cell lines. If you do, maybe you can explain how you think this is justified by patent law and specifically how society benefits from such patents.

    1. Re:odd patent by Anonymous Coward · · Score: 0

      General Cash Register

  55. Re:Patents save lives...but do they save enough? by werdna · · Score: 2

    Please read what I said. I did not say "imagine if there were patents" because I know there are patents on practically every engineering advance. I said what if they were used restrictively. What if Ford developed seatbelts, Honda came up with safety glass, and Volvo invented air bags?

    That's what I'm trying to tell you. You seem to be suggesting that this isn't so. You are mistaken, for that pretty much describes the status quo. Really, you should check out the U.S. patent database on patents issued to the big three for automotive safety. Yet the parade of horribles never happened.

    Why doesn't Ford keep an exclusive on seminal safety technology? How come not only one company has safety braking? Why don't more companies use their patents to maintain monopoly protection, rather than license them to third parties, indeed even their competitors?

    Its the economy, stupid. The bottom line is, you need a patent to give you almost complete ownership of a market, not a market niche, before it is profitable to use it solely for monopoly purposes. And you need that market to have no real competitive alternatives, something like Xerox and Polaroid had for a brief time. Otherwise, there are almost ALWAYS far more profitable uses that can be made of a patent: royalty generation, cross-licensing to avoid further R&D and focusing on your core competencies to compete in a marketplace. Even in aerospace and other high-tech businesses, cross-marketing and licensing is the norm.

    Monopoly rents are hard to collect. For the most time, patents act quite efficiently, in the economic sense, to assure that the marketplace gets the goods at a credible price.

  56. Re:Patents save lives...but do they save enough? by werdna · · Score: 2

    Pharmaceutical companies don't just recover their R&D costs. They don't just double their initial investment. They invest millions and make billions. The 17-year or whatever lifespan of a patent is a money-printing machine when it comes to things people MUST (not just would like) to purchase.

    Hmmm.. 10,000% profits, huh? I better get myself some more Pharm stocks. I had no idea. Let me check some of the books.

    No, it doesn't quite work out at the end of the day. No doubt, the last few years of the Prozac patent sees millions a day at virtually no marginal cost. How come their balance sheet doesn't show that they are "printing money."

    Could it be that maybe they are losing some money elsewhere? For every Prozac and Viagra, there's precisely a whole bunch of other projects that never pan out at all, and never recoup the millions invested there. A buncha millions here, a buncha millions there, and pretty soon you are talking real money.

    Ultimately, Pharm is a risky business when viewed on a project by project basis. And younger companies without huge portfolios capable of generating a core product or two before the money runs out disappear every day -- just like the dot coms.

    Now, back to my point. These companies are making good money, at least those that survived, and when viewing their most profitable projects without comparing the fiascos. Right. How about those that didn't?

    More important, what if there was no chance for them to make those profits? No profits, no investments, no investments, no drugs. Instead of grandparents who couldn't afford the drugs, nobody at all could afford the drugs, for no one can buy what doesn't exist.

  57. C'Mon by AKAImBatman · · Score: 1

    Wisconsin is not spelled Winsconsin thank you very much. Sheesh.

  58. prior art by Alien+Being · · Score: 1
    There are roughly 6 billion examples of prior art in this area, and that's only counting humans.


    If there's a valid patent to be granted, it belongs to Mother Nature.

  59. Adult and Animal Stem Cell Research by ostone · · Score: 1

    For all those out there who think they know the answer... in SCIENCE we try to study all paths... and then choose which is better, I mean take this approch with operating systems... UNIX does more than Linux does and doesn't have any odd copyright that I don't exacly understand... why study fiber optics copper works just fine for me! why try to create lithium-ion batteries again dems good ol batteries still work for me... please don't disregard this path because there is another... first try both paths then continue along the most benifical... I am religious... but I am not so nieve as to believe that a blastisis is a human life.

    --
    Remove *your pants* to send me email.
  60. missing the point by Anonymous Coward · · Score: 0
    I find it extremely ironic that the people who complain about signing up for accounts at the NYT still have accounts here at Slashdot.


    Slashdot doesn't require registration to read *any* article, but NYT's articles almost always need registration. There is a difference, you know...


    Maybe you should try thinking about the issue first...

  61. Re:Stem cell research is a waste by Anonymous Coward · · Score: 0

    Christians preists are responsable for more murders than Hitler.

  62. Saint Bacchus? (way offtopic. I know.) by Anonymous Coward · · Score: 0

    All this patenting of pre-existing things like genes and cells reminds me vaguely of something I read about the early Catholic Church: supposedly lot of gods from other religions, like Bacchus and Jupiter were canonized as saints.

  63. Re:Stem cell research is a waste by Anonymous Coward · · Score: 0

    If the vegetarian cannibalist movement had survived more than one generation, they would have killed a lot more people than that.

  64. Re:Stem cell research is a waste by Anonymous Coward · · Score: 0

    I think the point is quite clear. That racism has no place in a world that wishes to have move forward and find prosperity, peace, and happiness.

  65. Re: "there's precisely a whole bunch" by arete · · Score: 1

    Re: "there's precisely a whole bunch..."
    I think that wins my new award for least scientific statement that is still true.

    --
    Looking for freelance Actionscript (Flash/Flex) or ColdFusion work and/or freelance developers. Email me, put Slashdot
  66. Re:"I'm not sure of the exact mechanism..." by arete · · Score: 1

    "I'm not sure of the exact mechanism..."

    That's near the root of your problem. Understanding it requires a basic acceptance of how monetary things are done in grayscale, not black and white. How everyone can have better things and ever-more scientists can get paid.

    Figure this out (another responder tries to explain) and you'll understand the worthlessness of the rest of your post.

    --
    Looking for freelance Actionscript (Flash/Flex) or ColdFusion work and/or freelance developers. Email me, put Slashdot
  67. You are almost completely backwards on this by arete · · Score: 2

    Patent on X grants you the right to exclude anyone else from using X, including process XYZ, process Y that only works after preparing the surface with process X, or assembly A which uses part X as a widget.

    It does NOT prevent someone else from patenting Y or XYZ. If you patent X and they patent Y, y'all better get along (or find a monetary way to get along) because neither of you can do process XYZ without the other.

    Patents do NOT grant you the right to _do_ something, which is why you can get a patent on assembly A requiring widget X, even if you don't have the widget X patent and someone else does. Neither of you can use assembly A unless you cross-license.

    Probably you're just a troll.

    --
    Looking for freelance Actionscript (Flash/Flex) or ColdFusion work and/or freelance developers. Email me, put Slashdot
  68. Canadians circumvent patent? by Jetson · · Score: 1

    The CBC is reportingh in this story that Canadian researchers have managed to extract stem cells from the skin of both mice and humans. This promises to not only render the patent on fetal stem cell research moot but also opens the door to research uncomplicated by religion and ethical debate.

  69. You just don't get it by Anonymous Coward · · Score: 0

    Especially in the drug industry without patents there would be no new and good drugs. These things take a LOT of money to develop and and by the way your government tacks on like 30% of the cost before taxes in the way of F.D.A

    Not to mention the fact that they are political forced to give away millions of dollars, but can't take credit.

    Some of you folks just don't get it ...All you preach is oh all companies are bad .... I wanna live in a communist country ...BAH either put out or shutup and leave American cause this country is the greatest capitalist country in the world if you don't like it leave

  70. Patents are only on paper by Rika · · Score: 1

    Forgive me if someone has already pointed this out, I must have missed it, but even if this patent holds in the US (which I doubt, and hope it doesn't, as I'm one of those who believes you should only be able to patent your own creations, and I don't think those scientists were around when stem cells were created (if they were, I think we'd have more important things to discuss than patent regulations!)) Anyway, even if the patent does hold for the US, what's to stop other countries from ignoring the patent? This has been brewing for a while, but Brazil has decided to go through on its threat to ignore a Swiss patent on AIDS medication, and produce it itself (see here). This just proves my point, a patent is, in truth, nothing more than something someone wrote down in a book (or in a computer file somewhere). It's not a physical block to anyone who, with more scientic sense than respect for a piece of paper, decides to use it. Especially in areas of questionable jurisdiction. So, if the patent holds, we might find a good portion of our scientists heading south of the border.

    --
    Never express yourself more clearly than you think ~Neils Bohr