Patenting of Life Forms

Modern biotechnologies have yielded processes and products which have commercial significance. Protecting intellectual property for these applications critical for commercial viability of innovator projects has been a challenge. Patent protection for living organisms became possible subsequent to the award of a patent for a modified bacterium not found in nature ( Diamond v. Chakrabarty , 1980), which was created through human ingenuity. Patents for animals were not granted till the late 1980s, as they were not considered subject matter, although in the United States new plant varieties could be protected by plant patents. In 1987, the USPTO announced that it would consider patents for non-naturally occurring, non-human multicellular living organisms, including animals resulting in the patenting of the OncoMouse in 1988. Patenting DNA sequences has been possible as sequences isolated from living organisms are considered compositions of matter and articles of manufacture. However, there is an increasing emphasis on sequences which demonstrate a “substantial, credible, and specific use” only being eligible for patenting.