The first case that led to the patienting of seeds.

Date:   7/8/2008 2:56:53 PM ( 16 y ago)

12:55 PM
June 8, 08

Cleaning up.
Watching THE FUTURE OF FOOD.
Very disturbing.

This is a link to the first case that open the gates
for the patienting of Seeds.


http://en.wikipedia.org/wiki/Diamond_v._Chakrabarty


Background

Genetic engineer Ananda Mohan Chakrabarty, working for General Electric, had developed a bacterium (derived from the Pseudomonas genus) capable of breaking down crude oil, which he proposed to use in treating oil spills. He requested a patent for the bacterium in the United States but was turned down by a patent examiner, because the law dictated that living things were not patentable.
The Board of Patent Appeals and Interferences agreed with the original decision; however, the United States Court of Customs and Patent Appeals overturned the case in Chakrabarty's favor, writing that "the fact that micro-organisms are alive is without legal significance for purposes of the patent law." Sidney A. Diamond, Commissioner of Patents and Trademarks, appealed to the Supreme Court.
The Supreme Court case was argued on March 17, 1980 and decided on June 16, 1980.
[edit]Decision

In a 5-4 ruling, the court ruled in favor of Chakrabarty, and upheld the patent, holding that:
A live, human-made micro-organism is patentable subject matter under [Title 35 U.S.C.] 101. Respondent's micro-organism constitutes a "manufacture" or "composition of matter" within that statute.


Here is an interview with
Ananda Mohan Chakrabarty,
from 2002:

http://www.hinduonnet.com/thehindu/mp/2002/12/04/stories/2002120400310200.htm



 

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