Are human organisms patentable?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 existing USPTO policy that human organisms are not patent-eligible subject matter. If the broadest reasonable interpretation of a claimed invention encompasses a human organism, it must be rejected under 35 U.S.C. 101 and AIA sec. 33(a). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Eligible Subject Matter for Genetically Engineered Organisms MPEP 2105 Claims Directed to Human Organism Not Eligible MPEP 2105 Claims Directed to Human Organisms Prohibited MPEP 2105 Patent Eligible Living Subject Matter Determined MPEP 2105 No Patent on Human Organism MPEP 2105 Permitted Patentable Subject Matter Includes New Plant Breeds MPEP 2105 Living Subject Matter Is Patentable MPEP 2105 Requirement for Quoting 35 U.S.C. 101 MPEP 2105 Required Requirement for Rejecting Human Organism Inventions MPEP 2105 Required Categories of Statutory Subject Matter Required MPEP 2105 Other Related FAQs 5 FAQs Collapse Are genetically modified plants patentable? Are living organisms patentable? Can animals be patented? What is the &#8220;markedly different characteristics&#8221; test for patent eligibility of living matter? How does an examiner handle new matter in a patent application?