On April 15, the U.S. Supreme Court hears the oral argument in “Association for Molecular Pathology v. Myriad Genetics, Inc.”—a case that asks whether human genes, taken out of the body but not changed, are eligible for patenting.
And Saturday, April 13 on C-SPAN Radio’s historic Supreme Court oral argument: A case cited in briefs for the April 15 case. From 1980: “Sidney Diamond, Commissioner of Patents and Trademarks, petitioner v. Ananda Chakrabarty and others, respondents.”
After genetically engineering a bacterium capable of breaking down crude oil, Ananda Chakrabarty tried to patent his creation under Title 35 United States code, Section 101, which provides patents for people who invent or discover "any" new and useful "manufacture" or "composition of matter." On appeal, the Patent Office Board of Appeals affirmed a rejection by a patent examiner, stating that living things are not patentable under Section 101. When this decision was reversed by the Court of Customs and Patent Appeals, Sidney Diamond, Commissioner of Patents and Trademarks, asked the U.S. Supreme Court to take the case. More »
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