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Updated: Mar 13, 2026

Marble Burying and Nestlet Shredding as Tests of Repetitive, Compulsive-like Behaviors in Mice
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Dolly and Alice.

Dan L Burk1

  • 1University of California, Irvine, School of Law, 401 East Peltason Drive, Irvine, CA 92617, USA.

Journal of Law and the Biosciences
|October 25, 2016
PubMed
Summary

The Alice standard for patentable subject matter may have altered the Roslin Institute

Area of Science:

  • Biotechnology Patent Law
  • Intellectual Property Rights

Background:

  • The Federal Circuit's decision in In re Roslin Institute denied patent claims for cloned mammals.
  • This decision preceded the Supreme Court's Alice Corp. v. CLS Bank International ruling on patentable subject matter.
  • The Alice decision established a new standard for determining patent eligibility.

Purpose of the Study:

  • To analyze how the Alice standard might have impacted the Roslin Institute decision.
  • To explore the application of the Alice two-part test to 'products of nature' in cloned mammals.
  • To highlight issues in biotechnology patent law concerning subject matter eligibility.

Main Methods:

  • Hindsight analysis of the Roslin Institute case using the Alice standard.
  • Application of the Alice two-part test to cloned mammals as 'products of nature'.
Keywords:
biotechnologycloningintellectual propertypatent eligibilitypatentssubject matter

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  • Juxtaposition of the Roslin (Dolly) and Alice cases to examine subject matter jurisprudence.

    • Main Results:

    • The Alice standard could potentially lead to a different outcome in the Roslin case.
    • The analysis reveals complexities in applying current subject matter jurisprudence to biotechnology.
    • The Supreme Court's approach has resurfaced dormant issues in biotechnology patent law.

    Conclusions:

    • The Alice decision's subject matter analysis presents challenges for patenting biotechnological innovations.
    • Further clarification is needed on applying patent eligibility standards to novel biological creations.
    • The intersection of 'products of nature' and patent law requires careful consideration in emerging fields like cloning.