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Diamond v. Chakrabarty
Patent Infringement
Presented By:
http://www.essaysexperts.net/
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/
For More Information About
Diamond v. Chakrabarty
Patent Infringement
Visit:
http://www.essaysexperts.net/

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Diamond v. chakrabarty patent infringement

  • 1. Diamond v. Chakrabarty Patent Infringement Presented By: http://www.essaysexperts.net/
  • 2. 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/
  • 3. 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/
  • 4. 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/
  • 5. 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/
  • 6.  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/
  • 7. For More Information About Diamond v. Chakrabarty Patent Infringement Visit: http://www.essaysexperts.net/