HISTSCI 136 Study Guide - Comprehensive Final Exam Guide - Patent, Molecular Biology, Genetics
20 Nov 2018
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What"s the difference between an invention that"s organic and an invention that"s inorganic: answers have varied through the years. How did living organisms become property: luther burbank, diamond v. chakrabarty (1980) Trajectory of property law has changed greatly because of biotech. Fruits and flowers lead the way for argument about patenting a human gene. Living organisms were assumed to be unpatentable until the 19th century. Ex parte latimer: 1889: someone tried to patent a fiber inside of pine needles. Product of nature doctrine: can"t patent something from the earth. The distribution of seeds and plants led to new thought because of railroads allowing transport. Usda was founded in 1862 for different reasons than what it does today: rated the seeds and plants which were distributed. Seed research was federally funded, then became free for distribution: citizens are getting back for what they paid for, wasn"t repealed until 1980. Private breeders began to step in and create a private seed industry.
