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 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).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2105 - Patent Eligible Subject Matter — Living Subject Matter,
Patent Law,
Patent Procedure