Scientists' talk of creating human–mouse hybrid embryos for research has prompted the Washington, DC-based Foundation on Economic Trends to send a stern warning that the organization has already staked out that turf.

"We have a patent application in that covers injecting human stem cells into mice and other animals. We fully expect that they will then be liable for patent infringement" if the patent is approved and the scientists try to go forward with the test, said Foundation president Jeremy Rifkin. "If the patent is issued," Rifkin said, "we determine who will be able to exploit this technology for 20 years. We will determine how it's to be used or if it's to be used."

At a forum in New York on November 13, sponsored by the New York Academy of Sciences (NYAS) and Rockefeller University, US and Canadian scientists gathered by Rockefeller embryologist Ari Brivanlou discussed, among other topics, testing human stem cells' pluripotentiality by injecting them into mouse blastocysts. If the human cells show up in all the resulting mouse's cells, the human cell line is demonstrated to be pluripotent, with vast potential for research into treating human diseases and xenotransplantation.

But the Foundation filed a patent application for a "human–non-human hybrid" in 1997. According to Rifkin, its aim was to draw attention to the negative potential for just such inter-species hybrids inherent in the biotech race to cure human diseases. The patent application was filed jointly with Stuart Newman, a professor of cell biology and anatomy at New York Medical College in Valhalla, and remains under review at the US Patent Office, Rifkin told The Scientist.

The Foundation's attorney fired off a letter December 3 to scientists who attended the NYAS forum, warning them that the foundation is prepared to sue for patent infringement if their plan proceeds.

"We are writing to notify you of Dr. Newman's and the Foundation's potential claim of exclusive rights," the letter stated. "If you proceed with the experiments as reported, and a patent is issued with claims that cover the embryo, chimera, and/or cell lines of your experiments, you may be liable for patent infringement."

If the U.S. Patent Office turns down the application, Rifkin said, he is prepared to take the issue to the US Court of Appeals and then to the US Supreme Court.