Cloning patent 'still reviewed'

Last Modified: 25 Sep 2008
Source: PA News

A disgraced South Korean scientist's application for a patent to protect his disputed human embryo cloning technology is still under review, Australia's intellectual property protection body said.

IP Australia said earlier this week that Hwang Woo-suk's patent was to be "sealed" - or granted - on Thursday, but the acting commissioner of patents said the government agency has since backtracked on that deadline.

"IP Australia is investigating the matter and the sealing date is not known at this time," David Johnson said in a statement. IP Australia is responsible for administering patents, trade marks, designs and plant breeders' rights.

Agency spokespeople refused to comment on why the patent would not be granted as scheduled.

Mr Hwang's purported breakthroughs in cloning stem cells raised hopes for developing cures to diseases such as Alzheimer's, but they were deemed fraudulent in 2005 when a key paper on the technology was found to contain fake data.

He continued to insist that his technology worked, and his team later applied for patents in 10 countries. None have so far been granted.

IP Australia said it examined Mr Hwang's application and accepted it in June. As is standard practice, the agency then opened up a three-month waiting period on the application to allow anyone to oppose it, and if no one does then the patent is granted.

In a statement released on Wednesday, Mr Johnson confirmed no opposition had been filed, and addressed the controversy surrounded Mr Hwang's research.

"There is no statutory basis to refuse to grant a patent on the basis that the scientific data in a patent application is a misrepresentation or fraudulently obtained," Mr Johnson said. "In accepting the application in question, IP Australia is not endorsing the research that underpins the application." He said only a court could revoke a patent.

Hyun Sang-hwan, an adviser with Hwang's SooAm Biotech Research Foundation in South Korea, said he was confident Mr Hwang would get the patent.

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