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| Authored by: Anonymous on Friday, June 14 2013 @ 10:31 AM EDT |
I spoke directly to the natural biology of the human body.
So... let's
place one of your examples in line with the human biology. You mentioned three
things drug/medicine, glue and preservative.
Situation:
A drug is
made by extracting the natural endorphins from the nervous system of humans and
packaged for use.
I believe whatever tool was used to extract the
endorphins should pass 101 patent eligibility. But the extracted endorphins
should not.
you separate one endorphin from another
The tool you used
should pass basic 101 patent eligibility. The separated endorphins should
not.
You combine the endorphins with a particular process and other
materials that ends up creating a self-replicating cured rubber.
The
machine you used should pass basic 101 patent eligibility.
The
process........ I don't know. From my knowledge and experience base whatever
the intent of the "process" of Congress is meant to be is "lost in the magic".
So I just don't know!
The end result of self-replicating rubber....... I
view that as the end result of a recipe - so no, it shouldn't pass (in and of
itself) basic 101 patent eligibility. Of course, this assumes all you've done
is "mix a few ingredients together and bake it".
Should steel, in and of
itself, pass 101 patent eligibility? I don't know.
Should a sword
produced from steel pass 101 patent eligibility? Yes.
RAS[ Reply to This | Parent | # ]
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| Authored by: cricketjeff on Friday, June 14 2013 @ 11:17 AM EDT |
"Chemicals" are not mere assemblies of elements, any more than a
building is an assembly of bricks or a car an assembly of bits of metal.
Chemicals can be designed and constructed to specific shapes, or with carefully
tunable properties. These require human thought and creativity, innovation if
you like. Genes are chemicals, well in a sense, some would argue they are parts
of chemicals others that they are combinations of other chemical, natural genes
are not made with deliberate human creativity but as a consequence of the
natural processes of life working on natural variations through the medium of
natural selection. As such they cannot be invented. It is entirely possible
however that you could design and "build" a human gene, and introduce
it into a foetus. That would be a non-natural gene and would presumably open a
whole new can of worms for the Supremes
So to answer your question (although I am not the OP) yes some chemicals merit
patent protection under the current law in the US and the UK, in fact I have
held patents for novel chemicals used in specific ways.
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There is nothing in life that doesn't look better after a good cup of tea.[ Reply to This | Parent | # ]
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