Diamond v. Chakrabarty Patent Infringement Presented By:
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Introduction The case was heard in the United Sates Supreme
Court in 1980. It entailed the patentability of genetically modified organisms. Genetic engineer ,Ananda Mohan Chakrabarty developed a bacterium called Pseudomona putida. This was while working with General Electric. The bacterium can break down crude oil which made it suitable for treating future oil spills. http://www.essaysexperts.net/
Chakrabarty He was an investor of the bacterium by the
General Electric. This was when the company applied for patent. The patent examiner rejected the application. This was because living things were not being patentable subject matters at the time. The examiner quoted Section 101 of the Title 35 U.S.C. http://www.essaysexperts.net/
Case Board of Patent Appeals and Interferences
upheld its initial decision. The United States Court of Customs and patent did not. It overturned this case in favor of Chakrabarty. Aegued that all micro-organisms are living things does not have legal significance. Sidney A. Diamond who was the Patents and Trademarks’ commissioner made an appeal to Supreme Court. This case was deliberated on 17th March 1980. http://www.essaysexperts.net/
Courts Decision
A decision was made on 16th June 1980 and on
31st March 1981. This was USPTO granted patent which was to Chakrabarty’s favor. The court noted that a live micro-organism made by human under Title 35 U.S.C, 101. The micro-organism of the respondent constituted of a composition of matter. The decision was written by Warren E. Burger, the Chief Justice. Others who joined him were Potter Stewart, William Rehnquist, John Paul Stevens and Harry Blackmun. http://www.essaysexperts.net/
According to Burger, the case presented to the
court was narrow. This was according to the interpretation of Title 35 U.S.C, 101. The title allows individuals or entities who discovers entities obtain patent for them under the conditions stipulated by the title. The judges cautioned the court against reading conditions and limitations in the patent laws. These had not been expressed by the legislature. http://www.essaysexperts.net/
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