The United States Patent and Trademark Office announced Thursday they upheld the Wisconsin Alumni Research Foundation?s patent on human embryonic stem cell technology discovered by University of Wisconsin researcher James Thomson.

The stem cell patent was called into question by the Public Patent Foundation based in New York and the California-based Foundation for Taxpayer and Consumer Rights in 2006.

WARF spokesperson Jill Ladwig said the foundation is ?incredibly happy? about the patent office?s decision.

?We?ve believed all along Dr. Thomson?s discoveries were patentable inventions,? Ladwig said.

FTCR stem cell project director John Simpson, however, said the stem cell technology does not meet all the criteria for a patent.

He said a patent must be new, useful and ?non-obvious.? Simpson defined ?non-obvious? as ?something that a skilled practitioner of the art wouldn?t have been able to predict.?

?While Thomson?s research was significant, it did not meet the qualification of being not obvious,? Simpson said. ?The technique Thomson used was obvious to any other scientist in the field.?

Simpson said FTCR decided to challenge the patent because it is hurtful to stem cell research nationwide.

?Most researchers say it was really slowing down research,? Simpson said.

He added the patent puts U.S. researchers at a disadvantage to researchers in other nations.

?The other fact is no other country in the world recognizes these patents,? Simpson said. ?Donors were sending funds to researchers overseas to avoid these patents.?

Jeanne Loring, a stem cell researcher at the Burnham Institute for Medical Research who has been advising FTCR, said Thursday?s decision will not change their position against WARF?s patents.

?We still want WARF to withdraw the patents and give up ownership of all human embryonic stem cells,? Loring said.

Ladwig said Simpson?s claim that WARF?s patent slows down research was ?ludicrous.?

?We haven?t seen any evidence of that,? Ladwig said. ?We have always supported a very wide distribution of cells. We?ve given cells away to hundreds of researchers all over the world.?

According to Ladwig, the decision by the patent office is not final yet. Following the decision, WARF will have a 30-day period to comment on the ruling, followed by a 30-day period for FTCR to send in their comments, before the patent office will make the final decision.

After the final decision, there will also be a 30-day period to appeal the decision, Ludwig added.

Simpson said his office will appeal the final decision if the patent is still upheld. He added FTCR will also appeal to the U.S. Circuit Court if an appeal to the patent office is not in their favor.

?We?re in this for the long haul,? he said. ?We still believe we are correct.?

Ladwig said WARF is not concerned about any appeals of the decision.

?We have every confidence we will prevail,? she said.

WARF is the organization that patents and licenses the discoveries and technologies created by UW researchers. According to WARF, this challenge of one of its patents is the first of its kind in the 80-year history of the organization.

? Nick Penzenstadler contributed to this report.