Diamond v. Chakrabarty, 447 U.S. 303 (1980).

Argued March 17, 1980. Decided June 16, 1980.

Facts:

Chakrabarty filed a patent application directed to an oil-eating bacterium. The PTO rejected a claim to the bacterium itself on the grounds that living matter is not patentable subject matter. The Board of Patent Appeals and Interferences upheld the examiner’s rejection. The rejection was overturned on appeal to the US Court of Customs and Patent Appeals and the US Supreme Court granted certiorari.

Issue: Are human-made micro-organisms patentable subject matter?

Holding:

Living organisms are patentable subject matter under 35 USC 101 and Chakrabarty’s micro-organism constitutes a “manufacture” or “composition of matter” within the meaning of that statute. The Court held that the terms “manufacture” and “composition of matter” are to be given a broad construction.

The court noted that the judiciary must be cautious when contemplating expanding patent law to new areas that Congress had not foreseen. The court noted however that title 35 contains no ambiguity and was to be construed broadly. The PTO also argued that the court should reject the patenting of living organisms as against public policy. The court held that such a determination was the province of the judiciary and held that the oil-eating bacterium was patentable subject matter.

Tags: Biotech, case, Cases, fpost, micro-organism, Patent, utility

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