Diamond v. Chakrabarty

65 L. Ed. 2d 144 · Supreme Court of the United States · 1980

Facts

In 1972, microbiologist Chakrabarty filed a patent application, assigned to General Electric Co., for a human-made, genetically engineered bacterium. This bacterium, from the genus Pseudomonas, contained at least two stable energy-generating plasmids, enabling it to break down multiple components of crude oil. This unique property, not found in naturally occurring bacteria, made the invention valuable for treating oil spills. Chakrabarty's application included claims for the process of producing the bacteria, an inoculum containing the bacteria, and the bacteria themselves.

Procedural history

A patent examiner rejected Chakrabarty's claims for the bacteria, stating they were "products of nature" and unpatentable living things. The Patent Office Board of Appeals affirmed this rejection. The Court of Customs and Patent Appeals (CCPA) reversed, and after an initial Supreme Court remand for reconsideration in light of *Parker v. Flook*, the CCPA reaffirmed its decision. The Commissioner of Patents and Trademarks then sought and was granted certiorari by the Supreme Court.

Issue

Is a live, human-made micro-organism patentable subject matter under 35 U.S.C. § 101 as a "manufacture" or "composition of matter"?

Holding

Yes, a live, human-made micro-organism is patentable subject matter under 35 U.S.C. § 101. The Court affirmed the judgment of the Court of Customs and Patent Appeals, finding that the invention qualified as a "manufacture" or "composition of matter."

Rule

Patentable subject matter under 35 U.S.C. § 101 is broadly construed to include "anything under the sun that is made by man," encompassing "manufacture" and "composition of matter." The critical distinction for patentability is not between living and inanimate things, but between products of nature and human-made inventions. Laws of nature, physical phenomena, and abstract ideas are not patentable. However, a nonnaturally occurring manufacture or composition of matter, which is a product of human ingenuity with distinctive characteristics and utility, is patentable.

Read the full opinion on CourtListener

Case brief last reviewed . Prepared by CaseReader from the published opinion.