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Abstract

A person who eats cornflakes at breakfast, puts on a cotton shirt, or takes a vitamin C supplement to ward off a cold almost certainly benefits from the US Supreme Court's 1980 decision in Diamond v. Chakrabarty. It has been 25 years since this landmark decision, in which the Supreme Court held that a live, man-made microorganism is patentable subject matter under Section 101 of the US Patent Act. It was only after Chakrabarty that the PTO clarified what had been an inconsistent approach to patenting living organisms. The decision in Chakrabarty surely provided companies in the nascent biotechnology industry with the needed incentives to invest in the production of new medical treatments and drug therapies, new and better diagnostic tools, and stronger and more disease-resistant crops. It also emboldened the industry to seek patent protection on an ever-broadening range of technological advances.

Details

Title
Diamond v. Chakrabarty: A Retrospective on 25 Years of Biotech Patents
Author
Robinson, Douglas; Medlock, Nina
Pages
12-15
Publication year
2005
Publication date
Oct 2005
Publisher
Aspen Publishers, Inc.
ISSN
15343618
Source type
Scholarly Journal
Language of publication
English
ProQuest document ID
227163604
Copyright
Copyright Aspen Publishers, Inc. Oct 2005