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Updated: Jun 25, 2026
04:42
Micro-scale Engineering for Cell Biology
Published on: October 1, 2007
Stem cell patents--reexamination/litigation--the last 5 years
Yvonne Shyntum1, Edward Kalkreuter
1Pabst Patent Group LLP, Atlanta, Georgia 30361, USA. yvonne@pabstpatent.com
Tissue Engineering. Part B, Reviews
|March 6, 2009
Summary
Stem cell patents face significant legal challenges, including reexamination and litigation. Recent USPTO decisions and court cases highlight the ongoing controversies surrounding stem cell technology intellectual property.
Area of Science:
- Biotechnology Law
- Intellectual Property
- Stem Cell Research
Background:
- Stem cell technologies are a subject of intense interest and legal disputes.
- Numerous stem cell patents have undergone reexamination or litigation.
- The legal landscape for stem cell intellectual property is complex and evolving.
Purpose of the Study:
- To analyze the current state of U.S. patent law concerning stem cell technologies.
- To review recent legal challenges and decisions affecting stem cell patents.
- To assess the potential impact of new research funding and legal precedents on stem cell patentability.
Main Methods:
- Review of U.S. Patent and Trademark Office (USPTO) reexamination proceedings.
- Analysis of patent infringement and inequitable conduct lawsuits involving stem cell companies.
- Examination of relevant U.S. Supreme Court decisions impacting patent law.
Main Results:
- The USPTO upheld three Wisconsin Alumni Research Foundation (WARF) stem cell patents after reexamination.
- Litigation continues between StemCells, Inc., and Neuralstem, Inc., over neural stem cell patents.
- Pharmastem Therapeutics, Inc. patents were invalidated in 2007.
Conclusions:
- Stem cell patents are subject to significant legal scrutiny and challenges.
- Ongoing litigation and evolving legal standards, such as the KSR v. Teleflex decision, will shape the future of stem cell patentability.
- Increased funding for stem cell research may lead to further patent disputes and legal developments.
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