Friday, March 13, 2009

What happens to stem cell patent applications from government funding?

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

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

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

There was an enablement rejection.

There was a rejection under 35 USC P2.

On Obama, see previous IPBiz post:

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

See also

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

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


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