In re Bergy Case Brief: Understanding the Patentability of Biologically Pure Cultures of Microorganisms

Case Brief: In re Bergy

Court: United States Court of Customs and Patent Appeals
Citation: In re Bergy, 596 F.2d 952 (C.C.P.A. 1979)
Decided: March 23, 1979

Facts:

In In re Bergy, the case involved a patent application for a biologically pure culture of a microorganism. The applicants, Bergy et al., sought to patent a process for producing the antibiotic lincomycin and the microorganism used in the process. The patent application was initially rejected by the Patent Office on the grounds that the microorganism was a product of nature and therefore not patentable subject matter under 35 U.S.C. § 101.

Issue:

The central issue in this case was whether a biologically pure culture of a microorganism is patentable subject matter under 35 U.S.C. § 101.

Holding:

The United States Court of Customs and Patent Appeals held that a biologically pure culture of a microorganism is patentable subject matter under 35 U.S.C. § 101.

Legal Reasoning:

The court's reasoning included the following points:

• Product of Nature Doctrine: The court distinguished the case from the product of nature doctrine, which excludes naturally occurring substances from being patented. The court reasoned that the biologically pure culture of the microorganism was not naturally occurring and was the result of human ingenuity and intervention.
• Statutory Interpretation: The court interpreted 35 U.S.C. § 101 to include "manufacture" and "composition of matter" and found that the purified microorganism fit within these categories. The court noted that the statute should be construed to encourage innovation and that the microorganisms in question were new and useful.
• Precedent: The court relied on precedent cases that had allowed for the patenting of biological materials that were not naturally occurring. It emphasized that the patented material must be the result of human intervention and manipulation to distinguish it from natural products.
• Policy Considerations: The court considered the policy implications of encouraging scientific advancements and innovation. By allowing the patenting of the microorganism, the court aimed to incentivize further research and development in the biotechnology field.

Conclusion:

The United States Court of Customs and Patent Appeals concluded that a biologically pure culture of a microorganism is patentable subject matter under 35 U.S.C. § 101. This decision marked an important step in the development of patent law related to biotechnology and microorganisms, affirming that such innovations could be protected by patents, thereby encouraging further advancements in the field.

List of Cases Cited

1. Diamond v. Chakrabarty, 447 U.S. 303 (1980) - Although decided later, this Supreme Court case upheld the patentability of genetically modified organisms, reinforcing the reasoning in In re Bergy.
2. Funk Bros. Seed Co. v. Kalo Inoculant Co., 333 U.S. 127 (1948) - Addressed the patentability of natural phenomena, distinguishing between discovery and invention.

Similar Cases

1. Diamond v. Chakrabarty, 447 U.S. 303 (1980) - Held that genetically modified bacteria are patentable subject matter under 35 U.S.C. § 101.
2. In re Fisher, 427 F.2d 833 (C.C.P.A. 1970) - Addressed the patentability of biological materials and supported the view that human-modified biological entities could be patented.
3. Parke-Davis & Co. v. H.K. Mulford & Co., 189 F. 95 (C.C.S.D.N.Y. 1911) - Recognized the patentability of purified biological products.