12/14/2003 12:00:00 AM
On July 23rd, the House passed an amendment on human patenting offered by Dave Weldon (R-FL) as part of the Commerce-Justice-State, and Judiciary Appropriations bill (H.R. 2799). The future of biomedical research could be impaired by this secretive amendment. Specifically, House Amendment 286 would prohibit the Patent and Trademark Office (PTO) from issuing any patents on claims directed to or encompassing a human organism.
This language is about to become enacted as part of the larger appropriations process possibly within the next 48 hours (article originally posted: December 12, 2003).
Call the Chairmen of the Senate and House Appropriations Committees and let them know this legislation harms medical research!
(Talking points are at the end of this document)
Senator Stevens
Chairman of the Senate Appropriations Committee
(202)-224-3004
Speak to either him or his staff, Liz Connell, and register your strong concerns.
Please also call Jim Morhead on Sen. Stevens Committee staff at 202-224-7363.
Bill Young
Chairman of the House Appropriations Committee
(202) 225-5961
Please also call Jim Dyer, Staff Director of the Appropriations Committee at (202) 225-2771
Dont let the opponents of stem cell research block this vital work!
Additionally, if your Senator is listed below, call to urge him or her to oppose the amendment.
Appropriations Committee
- Ted Stevens (R-AK)chairman
- Thad Cochran (R-TN)
- Judd Gregg (R-NH)
- Arlen Specter (R-PA))
- Pete Domenici (R-NM))
- Mitch McConnell (R-KY))
- Kay Bailey Hutchinson (R-TX))/li>
- Ben Nighthorse Campbell (R-CO))
- Sam Brownback (R-KS))
- Christopher "Kit" Bond (R-MO))/li>
- Conrad Burns (R-MT))
- Richard Shelby (R-AL))
- Robert F. Bennett (R-UT))
- Larry E. Craig (R-ID))
- Mike DeWine (R-OH))
- Robert Byrd (D-WVA))
- Ranking Minority Member)
- Tom Harkin (D-IA))
- Ernest Hollings (D-SC))
- Daniel Inouye (D-HI))
- Barbara Mikulski (D-MD))
- Patrick Leahy (D-VT))
- Herb Kohl (D-WI))
- Patty Murray (D-WA))
- Harry Reid (D-NV))
- Byron Dorgan (D-ND))
- Dianne Feinstein (D-CA)
- Richard Durbin (D-IL))
- Tim Johnson (D-SD))
- Mary Landrieu (D-LA))
The amendment would forbid the U.S. Patent and Trademark Office (PTO) from granting patents on processes and products derived from embryonic stem cell research and therapeutic cloning (somatic cell nuclear transfer), which could slow or halt biomedical research aimed at providing cures and treatments for the millions of Americans suffering from cancer, Alzheimer''s, diabetes, Parkinson''s, spinal cord injuries, heart disease, ALS, and other debilitating conditions. It appears to be an underhanded way of making the U.S. surrender its leadership role in the development of life-saving cures using stem cell research, somatic cell nuclear transfer, and other technologies. By prohibiting patent rights, this amendment removes any financial incentive for companies to undertake this type of economically risky research. Talking points are listed below. Please call or write your Senator today.
Opponents of vital research technologies should not amend the patent laws to enforce their ideological agenda. Had no patents been issued for recombinant DNA, research in this important area would surely have stopped. The same could hold true for new areas of important research. Moreover, this amendment was offered without an opportunity for the Committee on the Judiciary, which has jurisdiction on patent matters, to review what impact this amendment might have on medical research developments.
Message points for your call/letter:
The language is vague, overly broad and would put stem cell research at risk. Among the biotech inventions that would be placed in jeopardy are: stem cells and stem cell production methods, all cell and tissue therapy products and methods that include creating replacement tissue and organs, and methods for therapeutic cloning.
The language encompassing a human organism creates uncertainty about the PTOs definition of a human organism. There is no clear indication for where something ceases to be human and becomes something else. Would a method of making human stem cells for therapeutic purposes be considered a claim that encompasses a human organism?
Investment and research into developing biotechnology products would halt if the amendment were enacted into law. It takes 10 to 12 years and approximately 800 million dollars to bring a biotechnology product into the market. Investors need assurance that their investment in this risky endeavor will eventually pay off. Without intellectual property protection on products developed through biotechnology, investors would not place resources into inventions that cannot be protected by the patent system.
Current PTO practice prevents patenting of human beings.Current PTO practice prohibits patents on subject matter that includes a human being within its scope.
Revising patent laws in order to deal with ethical concerns can have serious long-term implications for all industry sectors. Revision of the patent laws to exclude one subject area from patent eligibility can lead to other types of exclusions. For example, opening up the Patent Act could open the door to excluding patents on virtually any item or industrial product.
For more information, please visit our Web site, www.camradvocacy.org.