In 2004, Hwang Woo-suk was celebrated for his breakthrough discovery creating cloned human embryos, and his work was published in the prestigious journal Science. But the discovery was too good to be true; Dr. Hwang had fabricated the data. Science publicly retracted the article and assembled a team to investigate what went wrong.
Retractions are frequently in the news. The high-profile discovery of a room-temperature superconductor was retracted on Nov. 7, 2023. A series of retractions toppled the president of Stanford University on July 19, 2023. Major early studies on COVID-19 were found to have serious data problems and retracted on June 4, 2020.
Retractions are generally framed as a negative: as science not working properly, as an embarrassment for the institutions involved, or as a flaw in the peer review process. They can be all those things. But they can also be part of a story of science working the right way: finding and correcting errors, and publicly acknowledging when information turns out to be incorrect.
A far more pernicious problem occurs when information is not, and cannot, be retracted. There are many apparently authoritative sources that contain flawed information. Sometimes the flawed information is deliberate, but sometimes it isn’t – after all, to err is human. Often, there is no correction or retraction mechanism, meaning that information known to be wrong remains on the books without any indication of its flaws.
As a patent and intellectual property legal scholar, I’ve found that this is a particularly harmful problem with government information, which is often considered a source of trustworthy data but is prone to error and often lacking any means to retract the information.
Patent fictions and fraud
Consider patents, documents that contain many technical details that can be useful to scientists. There is no way to retract a patent. And patents contain frequent errors: Although patents are reviewed by an expert examiner before being granted, examiners do not check whether the scientific data in the patent is correct.
In fact, the U.S. Patent and Trademark Office permits patentees to include fictional experiments and data in patents. This practice, called prophetic examples, is common; about 25% of life sciences patents contain fictional experiments. The patent office requires that prophetic examples be written in the present or future tense while real experiments can be written in the past tense. But this is confusing to nonspecialists, including scientists, who tend to assume that a phrase like “X and Y are mixed at 300 degrees to achieve a 95% yield rate” indicates a real experiment.
Almost a decade after Science retracted the journal article claiming cloned human cells, Dr. Hwang received a U.S patent on his retracted discovery. Unlike the journal article, this patent has not been retracted. The patent office did not investigate the accuracy of the data – indeed, it granted the patent…
