Patenting a living microbial cell: 40th anniversary of US Supreme Court decision Diamond versus Chakrabarty

Area of Science:

• Microbiology and Biotechnology
• Intellectual Property Law

Background:

• Traditionally, patents in microbiology and biotechnology focused on processes, not living organisms.
• The development of genetically modified organisms (GMOs) presented new challenges for patent eligibility.

Observation:

• A patent application was filed in 1972 for a modified Pseudomonas strain engineered for oil degradation.
• The patent office initially refused the application, citing the organism as a living entity.

Findings:

• The US Supreme Court's 1980 ruling established that a modified microbial cell could be patented.
• The key criterion for patentability was determined to be its status as a novel manufactured product, irrespective of being alive.

Implications:

• This landmark decision paved the way for patenting genetically engineered microorganisms.
• It significantly impacted the biotechnology industry, encouraging innovation in microbial applications.