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52
Chakrabarty
BACTERIA- PATENT
changed game- can now patent nonnaturally occurring living things→ intangible but in fixed tangible form
i. Congress Intent-ANYTHING UNDER SUN MADE BY MAN
ii. Not patentable- naturally occurring things, laws of nature, physical phenomenon, abstract ideas, discoveries
1.P v. P- if naturally occurring all you did was find it, but if deprived it of natural liberty by manipulating it into something that is non-naturally occurring you have a property right
2.Don’t want to lock up ideas
iii. Process claim OK, Inoculum claim OK, but Bacteria claim….?
iv. Bacteria- product of nature and living things are not patentable
v. Majority denies parade of horribles- if we don’t give patents it won’t put an end to research
vi. Exception- medical procedures are not patentable
changed game- can now patent nonnaturally occurring living things→ intangible but in fixed tangible form
i. Congress Intent-ANYTHING UNDER SUN MADE BY MAN
ii. Not patentable- naturally occurring things, laws of nature, physical phenomenon, abstract ideas, discoveries
1.P v. P- if naturally occurring all you did was find it, but if deprived it of natural liberty by manipulating it into something that is non-naturally occurring you have a property right
2.Don’t want to lock up ideas
iii. Process claim OK, Inoculum claim OK, but Bacteria claim….?
iv. Bacteria- product of nature and living things are not patentable
v. Majority denies parade of horribles- if we don’t give patents it won’t put an end to research
vi. Exception- medical procedures are not patentable
