Are human organisms patentable?
No, human organisms are not patentable subject matter. The Leahy-Smith America Invents Act (AIA) explicitly excludes claims directed to or encompassing a human organism from patentability. Section 33(a) of the AIA states: “Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.” This provision codifies…
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