The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 17, 1980
Decision: Monday, June 16, 1980
Issues: Economic Activity, Patents
Categories: patents

Advocates

Edward F. McKie, Jr. (Argued the cause for the respondent)
Lawrence G. Wallace (Argued the cause for the petitioner)

Facts of the Case

After genetically engineering a bacterium capable of breaking down crude oil, Ananda Chakrabarty sought to patent his creation under Title 35 U.S.C. Section 101, providing patents for people who invent or discover "any" new and useful "manufacture" or "composition of matter." On appeal from an application rejection by a patent examiner the Patent Office Board of Appeals affirmed, stating that living things are not patentable under Section 101. When this decision was reversed by the Court of Customs and Patent Appeals, Diamond appealed and the Supreme Court granted certiorari.

Question

Is the creation of a live, human-made organism patentable under Title 35 U.S.C. Section 101?

Conclusion

Yes. In a 5-to-4 decision, the Court explained that while natural laws, physical phenomena, abstract ideas, or newly discovered minerals are not patentable, a live artificially-engineered microorganism is. The creation of a bacterium that is not found anywhere in nature, constitutes a patentable "manufacture" or "composition of matter" under Section 101. Moreover, the bacterium's man-made ability to break down crude oil makes it very useful.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 5 votes for Chakrabarty, 4 vote(s) against
Legal Provision: 35 U.S.C. 101
Wrote the majority opinion
Burger
Wrote a dissent
Brennan
Voted with the majority
Stewart
Voted with the minority, joined Brennan's dissent
White
Voted with the minority, joined Brennan's dissent
Marshall
Voted with the majority
Blackmun
Voted with the minority, joined Brennan's dissent
Powell
Voted with the majority
Rehnquist
Voted with the majority
Stevens
Full Opinion by Chief Justice Warren E. Burger

Cite this page

The Oyez Project, Diamond v. Chakrabarty, 447 U.S. 303 (1980),
available at: <http://www.oyez.org/cases/1970-1979/1979/1979_79_136/>
(last visited ).