Speaking Words of Wisdom: Let it Be: The Reexamination of the Human Embryonic Stem Cell Patents

Embryonic stem cell research represents an area of scientific inquiry that bears great promise, and patent law ensures that stem cell technology is both protected and utilized to its fullest potential. This article analyzes why the USPTO should not invalidate or narrow three challenged stem cell patents owned by the Wisconsin Alumni Research Foundation (WARF) through the Public Patent Foundation. The author outlines the science behind stem cells, explains the applicable law, and articulates the policy considerations relevant to patent law and stem cells. Ultimately, the author argues that that the challenged patents should remain valid because they have not been rendered obvious, they promote the progress of science, and they foster investor confidence so that such research can continue despite current restrictions on federal funding