History
The 1970s marked the first time when scientists patented methods on their biotechnological inventions with recombinant DNA. It wasn’t until 1980 that patents for whole-scale living organisms were permitted. In Diamond v. Chakrabarty, the U.S. Supreme Court established the patentability of living matter, provided it was truly "man-made." The subject for this particular case was a genetically engineered bacterium that was specifically modified to help clean up and degrade oil spills.
Since that 1980 court case, there has been much patenting of genetically modified organisms. This includes bacteria (as just mentioned), viruses, seeds, plants, and even non-human animals. For example, a genetically modified mouse, dubbed the Oncomouse, that is useful for studying cancer, was patented by Harvard University.
Isolated and manipulated cells - even human cells - can also be patented. In 1998, the U.S. Patent and Trademark Office (PTO) issued a broad patent claiming primate (including human) embryonic stem cells, entitled "Primate Embryonic Stem Cells" (Patent 5,843,780). On 13 March 2001, a second patent (6,200,806) was issued with the same title but focused on human embryonic stem cells.
New plants and seeds are also patentable. There are two ways that new plants can be protected. One is a "plant patent" that protects Plant breeders' rights when new plants are bred as opposed to be genetically created. These rights are different from those provided by the more commonly considered patent rights under the utility model. In one example of a utility patent on a genetically modified seed and the plants that come from it, the biotechnology company Monsanto developed and patented a glyphosate-resistant gene for the canola plant which has the effect of producing canola that is resistant to their Roundup brand of herbicide. Monsanto has enforced this patent against farmers who used the seed without paying Monsanto -- see Monsanto Canada Inc. v. Schmeiser.
Companies and organizations, like the University of California, have patented entire genomes.
Read more about this topic: Biological Patent
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