Recommended Citation

Daniel H. Foote, The Patentability of Living Microorganisms: Diamond v. Chakrabarty, 94 Harv. L. Rev. 261 (1980), https://digitalcommons.law.uw.edu/faculty-articles/1014

Authors

Daniel H. Foote, University of Washington School of LawFollow

The Patentability of Living Microorganisms: Diamond v. Chakrabarty

Document Type

Article

Abstract

Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.