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The Joy of Tech Lungfish VS Humanity... the case against.
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Author | Topic: Lungfish VS Humanity... the case against. |
Snaggy Moderator Posts: 1399 |
posted February 27, 2002 19:36
Grant send me this email... enjoy! Patently absurd... Regards, Grant
The decision of the Supreme Court in Diamond v. Chakrabarty held that microorganisms produced by genetic engineering are not excluded from patent protection by 35 U.S.C. 101. It is clear from the Supreme Court decision and opinion that the question of whether or not an invention embraces living matter is irrelevant to the issue of patentability. The test set down by the Court for patentable subject matter in this area is whether the living matter is the result of human intervention.� In view of this decision, the Office has issued guidelines as to how 35 U.S.C. 101 will be interpreted. The Supreme Court made a particular point in the Chakrabarty opinion that relates to our friend, the lungfish: "This is not to suggest that �101 has no limits or that it embraces every discovery. The laws of nature, physical phenomena, and abstract ideas have been held not patentable." Therefore, not only did the lungfish fail to provide basis (in the form of a patent), but, in light of�Chakrabarty, it seems highly unlikely that such a patent would have�everbeen granted.� Even if the Court had not�rendered the�Chakrabarty�opinion,�the lungfish would still be statutorily barred from a patent under 35 U.S.C., section 102(b)" "A person shall be entitled to a patent unless ... (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States ..." Therefore, our lungfish has little recourse than to slip quietly back into the sea, to�only occasionally�come forth onto the beach, bask in the sunlight and gulp air while practicing his non-patentable invention. IP: Logged |
ZorroTheFox SuperBlabberMouth! Posts: 1117 |
posted February 28, 2002 14:05
LOL, humanity wins again.......Z IP: Logged |
macadddikt18 SuperBlabberMouth! Posts: 1126 |
posted March 01, 2002 10:01
Lol, what fun reading that was. Nayt ------------------ IP: Logged |
TechnoGram Super Geek Posts: 245 |
posted March 01, 2002 14:16
well, the cartoon sums it up perfectly: 'Patent law is fun. Really.' as usual, NitroZac is way ahead of the game ------------------ IP: Logged |
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