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Patent Information » Patentability

Are Living Organisms Patentable?

A recent twist in patentability deals with the biotechnology revolution.  The USPTO decided back in the 1980's that living materials modified by human intervention may be patentable. 


Biotech Patents

Once the US Patent and Trademark Office (USPTO) decided to allow the first patent on living material in the 1980's, a great deal of confusion and criticism began building over the last couple of decades.  The pharmaceutical and biotechnology giants of the world have had a field day patenting living methods and have pushed the USPTO to its limits. 

Currently, DNA and protein sequences may be patented.  In addition, genetically altered microorganisms and cells, plants and even animals may be patented.  The DNA sequences alone have caused quite an uproar.  Many people feel they are not "made by man".  The PTO's stance is that since a scientist isolates, purifies and sequences a piece of DNA, it has been manipulated by man from its natural state.  Thus the PTO has deemed that DNA sequences satisfy the patentability requirements.

To take it even one step further, a mutation in a piece of DNA may also be patented!  As you might imagine, lawsuit after lawsuit has arisen due to the patenting of DNA and other living materials and the complexities that have ensued. 

 

 
 

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