Can animals be patented?
Yes, animals can be patented under certain circumstances. Following the reasoning in Diamond v. Chakrabarty, the Board of Patent Appeals and Interferences determined that animals are patentable subject matter under 35 U.S.C. 101.
The MPEP states: “Shortly after the Allen decision, the Commissioner of Patents and Trademarks issued a notice (Animals – Patentability, 1077 O.G. 24, April 21, 1987) stating that the Patent and Trademark Office ‘now considers nonnaturally occurring, non-human multicellular living organisms, including animals, to be patentable subject matter within the scope of 35 U.S.C. 101.'”
It’s important to note that the animals must be non-naturally occurring and have markedly different characteristics from those found in nature to be eligible for patent protection.
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