_biological_patents.docx

Jun 29th, 2015
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The 1970s marked the first time when scientists patented methods on their biotechnological inventions with recombinant DNA. It wasn’t until 1980 that patents for whole-scale living organisms were permitted.

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BIOLOGICAL PATENTS:A biological patent is a patent relating to an invention or discovery in biology. It can be a composition of matter, a method for obtaining or using one or more thereof, or a product combining such things. Even when a natural biological substance itself is patented (apart from any associated process or usage), this has been permitted in the US as long as they are sufficiently "isolated" from their naturally-occurring states. Prominent historical examples of such patents on isolated products of nature include adrenaline, insulin, vitamin B12, and unmodified genes (the latter becoming its own notable controversy as of late).HISTROYThe 1970s marked the first time when scientists patented methods on their biotechnological inventions with recombinant DNA. It wasnt until 1980 that patents for whole-scale living organisms were permitted. In Diamond v. Chakrabarty, the U.S. Supreme Court established the patentability of living matter, provided it was truly "man-made." The subject for this particular case was a genetically-engineered bacterium that was specifically modified to help clean up and degrade oil spills.Since that 1980 court case, there has been much patenting of biological matter. Companies and organizations, like the University of California, have patented entire genome. In 1998, the U.S. Patent and Trademark Office (PTO) issued a broad patent claiming primate (including human) embryonic stem cells, entitled "Primate Embryonic Stem Cells" (Pate

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