Earlier this year ,the U.S. Patent and Trademark Office (“USPTO”) released a preliminary decision indicating that patents covering human embryonic stem cells are not inventive and that it may throw them out. The owner of the patents fired back indicating that the patents should be upheld because the inventor was the first to successfully isolate embryonic stems when others had failed.
Recently, however, several internationally recognized stem-cell researchers have jumped into the fray and filed documents with the USPTO alleging that the work leading to the patents was not inventive. Instead, the documents allege that the inventor was the first to isolate embryonic stem cells because he had access to high quality embryos and adequate research funding.
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