Is genetic manipulation an essentially biological process and therefore not patentable?
Essential biological processes are not patentable under the law. Greenpeace argued that some steps involved in obtaining a transgenic plant, such as the regeneration of plant callus tissue, were based on an “essentially biological process”. Part of the Board’s discussion surrounding this point focused on defining the amount of human intervention required to execute the “essentially biological process”. In the present case, the Board concluded that without human intervention the transgenic plant wouldn’t be obtainable, even though some steps, like regeneration of a plant from callus tissue, did not require human intervention. Human intervention was therefore required in carrying out the process and, as a result, genetically modified cells were deemed patentable. [add a comment] The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the land
