Editing Property Dukeminier/Outline
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# Enablement – Requires the patent application to describe the invention in sufficient detail such that “one of ordinary skill in the art” would be able to use the invention. | # Enablement – Requires the patent application to describe the invention in sufficient detail such that “one of ordinary skill in the art” would be able to use the invention. | ||
Diamond v. Chakrabarty (US, 1980) – Chakra. Filed a patent for a new bacteria that he created that had properties capable of breaking down many components of crude oil. As such, the bacteria were thought to have a potential useful application in containing oil spills. Chakra’s filed three types of patent claim: 1) a claim on the method for producing the bacteria; 2) claims for an inoculum comprised of a carrier material floating on water and the new bacteria; and 3) claims to the bacteria themselves. Patent office rejected the third claim asserting that 1) microorganisms are products of nature; and 2) that as living things the bacteria were not patentable subject matter under current US patent law. Issue was whether the bacteria constituted a “manufacture” or a “composition of matter” under current patent law. The court held that because the bacteria were not a discovery of a naturally occurring organism; rather, they were a non-naturally occurring manufacture or composition of matter having different characteristics from any such composition of matter found in nature, and that they were the product of human ingenuity. Therefore, the court found that the bacteria/microorganisms were patentable. What counts as a “product of nature” after Chakrabarty? | Diamond v. Chakrabarty (US, 1980) – Chakra. Filed a patent for a new bacteria that he created that had properties capable of breaking down many components of crude oil. As such, the bacteria were thought to have a potential useful application in containing oil spills. Chakra’s filed three types of patent claim: 1) a claim on the method for producing the bacteria; 2) claims for an inoculum comprised of a carrier material floating on water and the new bacteria; and 3) claims to the bacteria themselves. Patent office rejected the third claim asserting that 1) microorganisms are products of nature; and 2) that as living things the bacteria were not patentable subject matter under current US patent law. Issue was whether the bacteria constituted a “manufacture” or a “composition of matter” under current patent law. The court held that because the bacteria were not a discovery of a naturally occurring organism; rather, they were a non-naturally occurring manufacture or composition of matter having different characteristics from any such composition of matter found in nature, and that they were the product of human ingenuity. Therefore, the court found that the bacteria/microorganisms were patentable. What counts as a “product of nature” after Chakrabarty?Association for Molecular Pathology v. Myriad Genetics, Inc. (2013) – Court held that Myriad could not patent a naturally occurring DNA sequence that it had isolated, despite the finding that the isolated sequence indicated a heightened risk of developing cancer. “Separating [a] gene from its surrounding genetic material is not an act of invention.” Myriad also removed introns from naturally occurring DNA sequences, resulting in cDNA sequences that do not occur naturally in the human body. The court found that such cDNA sequences could be patented because the lab techs “unquestionably create something new when cDNA is made”; however, the court notes that Myriad would still need to show the other elements of patentability (i.e. novelty, non-obviousness, and specification) in order to actually obtain a patent on cDNA. | ||
==Trademarks (p. 97)== | ==Trademarks (p. 97)== | ||