Anti-Cloning Patent Legislation Stifles Life-Saving Research

Patient Groups Voice Their Opposition

Washington, DC --June 14, 2002 -- The Coalition for the Advancement of Medical Research (CAMR) reacted today to Senator Brownback's amendment precluding the U.S. Patent and Trademark Office (PTO) from granting patents on processes and products derived from therapeutic cloning (somatic cell nuclear transfer). The Coalition, comprised of leading patient groups, universities, and scientific societies, has led the charge to oppose a ban on therapeutic cloning.

"Senator Brownback's amendment outlawing patents on cloning is just another attempt to halt therapeutic cloning altogether. It is disappointing that the Senator continues to try and stop the development of cures for deadly diseases through therapeutic cloning, an area of medical research clearly supported by many members of his own party," said Michael Manganiello, President of CAMR.

"How much more can people with debilitating diseases and conditions endure? The Senator clearly did not have the votes to pass his whole bill banning therapeutic cloning, so now he's attempting to force different restrictions that will only keep people like my daughter farther away from a cure," said Richard Arvedon, father of Emma who was diagnosed at age one with juvenile diabetes.

Specifically, the Brownback patent amendment is a "back-door" approach of getting the U.S. to surrender its leadership in the development of life-saving cures. By removing the economic incentive to do stem cell and therapeutic cloning research, the amendment effectively stops investment and research activity in the U.S. Other countries have made it clear they will grant patents for processes to derive stem cells and they will take the lead in this field. Americans will not have first access to the newest and potentially best treatments, and scientists may leave the U.S. to pursue the research elsewhere.

In addition, this amendment appears to ban issuing patents for the process of deriving stem cells, which could halt this area of life-saving research that the National Institutes of Health is currently funding. The amendment is also unnecessary as the Patent Trademark Office standing policy is to deny patents on any subject matter that encompasses a human being. Finally, it is not clear whether the amendment would seek to apply the exclusions retroactively. If biotech company patents are declared invalid retroactively they may lose access to private investment and therefore will not be able to perform research to find cures for disease.

"We cannot allow opponents of vital research technologies to amend the patent laws to enforce their ideological agenda. Had no patents been issued for embryonic stem cell research and recombinant DNA, research in those important areas would surely have stopped, the same could hold true for therapeutic cloning," added Manganiello.