The Patent Problems Of Stem Cell Research

The Patent Problems of Stem Cell Research

Stem cell research continues to face more hurdles in the United States. Limited funding and embryonic stem cells are only the beginning. According to research done by Ebersole, Esmond, and Schwartzman (2006), intellectual property rights are another problem faced by stem cell researchers. As new techniques and technology are developed, researchers and/or research organizations in order to claim and protect their advancements will obtain patents. This paper will examine the article written by Ebersole et al., which examines stem cell research and patents as well as the research presented.

Article Summary

According to Ebersole et al. (2006), stem cell research is vital to the development of new treatments for a number of diseases. While patents provide incentives for researchers and companies to develop new processes and technology, they will also create roadblocks in stem cell research. Intellectual property laws legally protect patents. In order to use a patented process or equipment, researchers will have to obtain licenses, which could be very costly (Ebersole et al., 2006). For example, Wisconsin Alumni Research Foundation (WARF) is asking for $100,000 up front and $25,000 annually for non-government and non-academic organizations to license WARF's patented processes (Ebersole et al., 2006). According to Ebersole et al. (2006), more than 1,400 patents have been obtained in relation to stem cell research. Therefore, unless researchers obtain licenses for these processes, researchers cannot used any patented process while conducted their own stem cell research. However, Ebersole et al. do offer resolution to the patent problem facing stem cell research, patent pools. Patent pools are arrangements "in which 'two or more patent owners agree to license certain of their patents to one another and/or third parties'" (Ebersole et al., 2006).

Research, Problems and Purpose

The research conducted by Ebersole et al. is the effect patents will have on stem cell research. In their article, Ebersole et al. (2006) explain that unless something is done, stem cell research will stall due to process patents. Of the more than 1,400 patents pertaining to stem cell research, a handful of them were presented to the reader. The purpose of this was to give the reader an idea of exactly what types of processes are patented and the hurdles in front of researchers. Some of these processes include embryonic stem cells and embryonic stem cell preparations, methods of isolating stem cells, methods of making tissue in virto or in vivo with stem cells as well as implants and prosthetics (Ebersole et al., 2006). In addition to presenting the patent problem of stem cell research, Ebersole et al. offer a solution to the impending problem. According to Ebersole et al. (2006) patent pools will be "pro-competitive by integrating complementary technologies, reducing transaction costs, clearing blocking positions, avoiding costly infringement litigation, and promoting the dissemination of technology."

Research Participants

The article's authors, Ebersole, Esmond, and Schwartzman conducted the research presented in this article. The authors researched the problems facing stem cell research due to patented processes. In addition to presenting the issue, the authors also conducted research regarding the number of patents related to stem cell research as well as specific patents. Ebersole et al. presented several patents they researched in order to give the audience an idea of exactly what processes are patented by various organizations. In addition to presenting the patents, the authors also presented their audience with the year in which some of these patents expire. While a couple patents expire