Misc,
Diamond V. Chakrabarty
United States Supreme Court, (1980)
Abstract
U.S. Supreme Court
DIAMOND v. CHAKRABARTY, 447 U.S. 303 (1980)
447 U.S. 303
DIAMOND, COMMISSIONER OF PATENTS AND TRADEMARKS v. CHAKRABARTY.
CERTIORARI TO THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS.
No. 79-136.
Argued March 17, 1980.
Decided June 16, 1980.
Title 35 U.S.C. 101 provides for the issuance of a patent to a person who invents or discovers 'any' new and useful 'manufacture' or 'composition of matter.' Respondent filed a patent application relating to his invention of a human-made, genetically engineered bacterium capable of breaking down crude oil, a property which is possessed by no naturally occurring bacteria. A patent examiner's rejection of the patent application's claims for the new bacteria was affirmed by the Patent Office Board of Appeals on the ground that living things are not patentable subject matter under 101. The Court of Customs and Patent Appeals reversed, concluding that the fact that micro-organisms are alive is without legal significance for purposes of the patent law.
