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47 Ark. L. Rev. 269 (1994)
Patenting Nonnaturally Occurring, Man-Made Life: A Practical Look at the Economic, Environmental, and Ethical Challenges Facing Animal Patents

handle is hein.journals/arklr47 and id is 279 raw text is: Patenting Nonnaturally Occurring, Man-Made Life: A Practical Look at the Economic, Environmental, and Ethical Challenges Facing Animal Patents I. INTRODUCTION On April 30, 1991, in Animal Legal Defense Fund v. Quigg1 the United States Court of Appeals for the Federal Circuit held that various animal rights groups and animal husbanders lacked standing to seek both a declaration that animals are not patentable subject matter and an injunction against the issuance of animal patents.'2 The action was brought challenging a Public Notice issued by the United States Patent and Trademark Office (PTO) on April 7, 1987, stating in part that the PTO now considers non- naturally occurring non-human multicellular living orga- nisms, including animals, to be patentable subject matter within the scope of 35 U.S.C. § 101.3 The plaintiffs were concerned with the potential economic, environmental, and ethical problems resulting from this new rule. Unfortu- nately, because the case was dismissed for lack of standing, the court never reached the issue of whether the PTO's is- suance of animal patents exceeded its authority under 35 U.S.C. § 101. The Animal Legal Defense Fund decision was a defeat for those seeking to curb genetic engineering via the prohi- bition of animal patenting, but the challenges are far from dead. During the 102nd Congress, legislation was intro- duced into both Houses calling for a five-year moratorium on the patenting of genetically engineered animals, com- monly referred to as transgenic animals.4 The stated pur- pose of these bills was to provide time for Congress to fully assess, consider, and respond to the economic, environmen- tal, and ethical issues raised by the patenting of such ani- 1. 932 F.2d 920 (Fed. Cir. 1991). 2. Id. 3. 1077 OFFICIAL GAZEiTTE PAT. OFFICE 24 (Apr. 21, 1987). 4. S. REP. No. 1291, 102nd Cong., 2d Sess. 1 (1992); H.R. REP. No. 4989, 102nd Cong., 2d Sess. 1 (1992).

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