Patent Law
Sec. 22 Non-Patentable Inventions
The following shall be excluded from patent protection:
x x x x
22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection.
Jurisprudence on the matter (U.S. Case)
Diamond v. Chakrabarty, 447 U.S. 206, (1980)
The U.S. Supreme Court declared that a patent may be declared on a process of producing bacteria as well a patent/invention on live, human-made microorganism. The bacteria were considered as a product of human ingenuity and it was a non-naturally occurring manufacture. Hence, the U.S. grants patents on life created in a laboratory.
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