Are living subject matters patentable?

Living subject matters can be patentable if they are human-made inventions. The distinction lies in the concept of human intervention or manipulation. For instance, genetically modified organisms that have been altered through human ingenuity can qualify for patent protection because they do not exist in their modified form in nature and exhibit new characteristics or functionality that have been developed through human efforts.

This aligns with the legal standards set forth by the U.S. Patent and Trademark Office (USPTO) and relevant court cases which establish that if nature has been altered or manipulated to create something novel, it moves beyond a mere product of nature, thereby making it eligible for patent protection.

In contrast, while living organisms in their natural forms may not be patentable because they can be considered products of nature, human-made variations or inventions of those organisms can be. The scope of patentability extends to new and useful processes, machines, articles of manufacture, or compositions of matters that have been created through scientific and technological advancements.

Thus, the possibility of patenting living subject matters hinges upon the human contribution that transforms those matters into something that differs fundamentally from their natural states.