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Diamond v. Chakrabarty

United States Supreme Court

447 U.S. 303 (1980)

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Chakrabarty's (plaintiff's) patent application for a genetically engineered, human-made microorganism was rejected by a patent examiner and the Patent Office Board of Appeals as outside patentable subject matter, but the Court of Customs and Patent Appeals reversed; the Commissioner of Patents (defendant) argued Congress's enactment of the Plant Variety Patent Act implicitly showed living things were understood to fall outside § 101's scope.

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Whether a live, human-made microorganism is patentable subject matter.

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