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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."

14 of 157 comments (clear)

  1. 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. 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
  3. 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?
  4. 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

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  5. 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.

  6. 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.
  7. 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?

  8. 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 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.

  9. 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.

  10. 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.

  11. 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)

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