1. Beef, It's What's for Dinner in the Patent Office: A Call for Resolving Selective Breeding as Invention.
- Author
-
Mass, Zachary M.
- Subjects
Patentability -- Laws, regulations and rules ,Animal breeding -- Laws, regulations and rules ,Animal genetics -- Laws, regulations and rules ,Government regulation ,Patent Code of 1952 (35 U.S.C. 101) - Abstract
INTRODUCTION I. PUSHING THE BOUNDARIES OF ELIGIBILITY A. THE HISTORY OF ANIMAL PATENTS IN THE UNITED STATES B. SELECTIVE BREEDING AS PRODUCING MARKEDLY DIFFERENT CHARACTERISTICS C. CLAIMING ANIMALS BY THEIR [...], It has long been assumed that animals cannot be patented by man unless they have been genetically engineered to make them different than what is found in nature. This rule excludes animals that are selectively bred through traditional means from patent eligibility. This assumption is now being challenged, as what many thought was an obscure theory is being tested in the patent office by cattle breeding companies. This Note argues that selectively bred animals are patent-eligible, but Congress should amend the statute to protect the livestock industry and prevent further consolidation that livestock patents would cause.
- Published
- 2024