Cloning Issues and the Current Patent Systems in the United States and Europe
![handle is hein.journals/newlr39 and id is 533 raw text is: CLONING ISSUES AND THE CURRENT
PATENT SYSTEMS IN THE
UNITED STATES AND EUROPE
MONIQUE MORNEAULT*
Thank you for having me today. I am going to focus on cloning and
the patent protection in both the United States and Europe, comparing and
contrasting some of the current laws that are in place.
My presentation today is going to generally cover the following:
Patentable subject matter in the United States and Europe; the clash of
patentability; the morality in the United States and Europe, the
harmonization, or not, between the laws of the United States and Europe;
and where we are today. Basically, I think everyone has a pretty good
understanding of where the controversy stands.
I want to start with the law in the United States, 35 U.S.C. § 101,1
which specifically states that, [w]hoever invents or discovers any new and
useful process, machine, manufacture, or composition of matter ... may
obtain a patent therefor, subject to the conditions and requirements of this
title.-2
The Supreme Court, initially, addressed the patentability of
bioscience inventions in Diamond v. Chakrabarty,3 where the Court
determined that section 101 was sufficiently broad to encompass a living
microorganism, and thus expanded patentability to this matter. The Court
stated that a patent can be granted on anything under the sun that is made
by man.
The utility requirements under the patent laws for bioscience
Monique Morneault is a shareholder with Wallenstein, Wagner & Rockey, Ltd. Her
practice includes patent and trademark filing, prosecution, and counseling. Attorney
Morneault is also the Director of the firm's International Patent Group. She earned
her J.D. from IT/Chicago-Kent College of Law, and a B.S. in microbiology from the
University of Illinois at Urbana-Champaign.
1. 35 U.S.C. § 101 (2000).
2. Id.
3. 447 U.S. 303 (1980).](ViewImageLocal?handle=hein.journals/newlr39&div=32&collection=&method=preview&ext=.png&size=3)
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Cloning Issues and the Current Patent Systems in the United States and Europe
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