Unlawful to patent a human organism

The recently-enacted America Invents Act makes it unlawful to obtain a patent directed to a human organism.  The intent of the provision is to prevent patenting humans.  However, it remains to be seen how the courts interpret this.  For example, if a new drug cures diseases, is it directed to a human organism?  It is unlikely to be held that way, but the exact scope of this provision is uncertain.

If you’d like to discuss how this case will affect your company, please contact me.


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