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Future Bumps In The Road For State-Funding Of Stem Cell Research

Stem cells, undifferentiated cells which research). A meeting of stem cell people
have the ability to turn into specific in March 2006 revealed a new problem.
cell types, hold promise to beneficially The holders of patents which already
impact health problems such as diabetes, exist in the area want future researchers
Parkinson's and Alzheimer's diseases, (such as those in California) to pay them
stroke, heart attack and spinal cord for doing research utilizing their
injury. Before his death, Christopher patents. Ironically, the demand was made
Reeve was a strong advocate of research by one state (Wisconsin's WARF) against
in stem cells.There has been controversy another state (California's CIRM). With
about certain types of stem cells. There the announcement that South Korea will
are three sources of stem cells, of which proceed with patent applications of the
one type, cells derived from early stage disgraced researcher Woo Suk Hwang, one
human embryos, has caused political realizes that there are likely to be many
division, because the creation of an patent holders in the field, all seeking
embryonic stem cell "line" requires the to cash in on the large amounts of money
destruction of a human embryo. Because being made available by states such as
of this, President Bush in 2001, stated California, New Jersey, Maryland,
his intention to "allow federal funds to Connecticut, and Illinois. An important
be used for research on existing stem message to appreciate is that money from
cell lines, where the life and death state-funding of stem cell research
decision has already been made," but no intended to create new horizons in
federal funds would be available for new medical treatment may be directed to
stem cell lines. This choice has been paying off holders of already-created
debated. The television show "60 rights.Some of the problems may be
Minutes" reviewed the issue twice in the resolved. A recent decision by the
month of February 2006, on February 12 Supreme Court (Merck v. Integra) defines
and on February 26.In the state of New a large safe harbor for those conducting
Jersey, the debate has been roughly on research needed to obtain federal
partisan lines, with Democrats favoring regulatory approval (e.g., FDA approval).
funding of stem reseach, and (some) This research exemption may moderate the
Republicans opposed. However, there is a impact of claims such as those by
separate division as to "what kind" of Wisconsin against California. However,
stem cell research. Hedging its bets, expectations of tangible results on a
New Jersey has proposed spending $150 short time scale may be unrealistic. One
million on cutting-edge research on stem may question whether state funding will
cells, including the controversial produce any FDA approved embryonic stem
embryonic stem cells, $50 million on cell therapy in ten years. Patents issued
research on less controversial research in the next few years may be "too soon"
focused on stem cells from cord blood, in time because commercialization of
placentas and other human tissue, and $50 embryonic stem cell work is a long way
million on a center directed to off. This is an exciting time in a
commercial applications and clinical promising area, but with the unknowns one
trials of adult stem cells.The area of must recognize that there will be bumps
commercial applications has created in the road.Lawrence B. Ebert is a
unanticipated problems in the brave new registered patent attorney located in
world of large-scale state-funding of central New Jersey. He holds a Ph.D.
research. A legal opinion in 2005 from Stanford, a J.D. from the University
prepared for California State Treasurer of Chicago, maintains a blog at
Angelides suggested that tax-exempt bonds IPBiz.blogspot.com, and is the author of
could not be used to fund research LESSONS TO BE LEARNED FROM THE HWANG
wherein the state would share in money MATTER: ANALYZING INNOVATION THE RIGHT
generated by the research (specifically WAY, published in the Journal of the
sharing in payments by people who used Patent & Trademark Office Society [JPTOS]
patents generated by the state-funded in March 2006.




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