What is the “markedly different characteristics” test for patent eligibility of living matter?
The “markedly different characteristics” test is a key criterion for determining the patent eligibility of living matter. This test originates from the Supreme Court’s decision in Diamond v. Chakrabarty. According to the MPEP, “The Supreme Court in Chakrabarty held a claim to a genetically engineered bacterium eligible, because the claimed bacterium was not a ‘product…
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