Wednesday, November 13, 2013

Diamond v. Chakrabarty case brief

Diamond v. Chakrabarty case brief summary
447 U.S. 303 (1980)


CASE SYNOPSIS
Petitioner, Commissioner of Patents and Trademarks, appealed the judgment from the United State Court of Customs and Patent Appeals, which allowed respondent microbiologist's patent claims for a genetically engineered micro-organism that was capable of breaking down crude oil.

CASE FACTS
Respondent microbiologist filed patent claims for human-made, genetically engineered bacterium that was capable of breaking down multiple components of crude oil.

DISCUSSION

  • The court affirmed the judgment that allowed respondent's claims. 
  • The court rejected the argument of the patent office board of appeals that 35 U.S.C.S. § 101 was not intended to cover living things such as laboratory created micro-organisms. 
  • The court held that respondent's micro-organism constituted a "manufacture" or a "composition of matter" within the meaning of 35 U.S.C.S. § 101 and thus qualified as patentable subject matter. 
  • The court found that respondent had produced a new bacterium with markedly different characteristics from any found in nature and which had the potential for significant utility. 
  • The court held that the language of 35 U.S.C.S. § 101 embraced respondent's invention.

CONCLUSION
The court affirmed the judgment that allowed respondent microbiologist's patent claims. The language of the patent statute covered respondent's invention of a living, genetically engineered micro-organism.

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