Are living organisms patentable?

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.

Yes, living organisms can be patentable subject matter. The Supreme Court’s decision in Diamond v. Chakrabarty made it clear that the question of whether an invention embraces living matter is irrelevant to the issue of patent eligibility. The Court held that “living subject matter with markedly different characteristics from any found in nature, such as the claimed bacterium produced by genetic engineering, is not excluded from patent protection by 35 U.S.C. 101.”

However, it’s important to note that there are exceptions. For example, Congress has excluded claims directed to or encompassing a human organism from eligibility.