Yes, animals can be patented under certain circumstances. Following the reasoning in Diamond v. Chakrabarty, the Board of Patent Appeals and Interferences determined that animals are patentable subject matter under 35 U.S.C. 101. The MPEP states: “Shortly after the Allen decision, the Commissioner of Patents and Trademarks issued a notice (Animals – Patentability, 1077 O.G.…

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