Citation: 447 U.S. 303 (1980) Court: Supreme Court of the United States Decided: June 16, 1980
A microbiologist sought a patent on a genetically engineered bacterium capable of breaking down crude oil. The Patent and Trademark Office rejected the claims on the ground that living organisms are not patentable subject matter.
A live, human-made micro-organism is patentable subject matter under 35 U.S.C. ยง 101, because it is a non-naturally-occurring manufacture or composition of matter with markedly different characteristics from anything found in nature. This eligibility inquiry is separate from the novelty inquiry, which is governed by a different section of the statute.
The decision established that subject-matter eligibility does not turn on whether an invention is alive, only on whether it results from human intervention rather than occurring naturally.