At which point—or more precisely—at which percentage does an organism become too human to patent? Without acknowledging just how out of control US intellectual property laws have become, the US Patent and Trademark Office rejected a seven-year old attempt by Stuart Newman, a New York professor and scientist to patent a chimera. It’s important to note that Newman wanted the patent rejected, setting the precedent which would prevent other researchers from obtaining similar patents.
Whew, that was close, but it really doesn’t resolve the issue. The last (and only) time the US Supreme Court addressed patents on life was 25 years ago when, in a 5 - 4 decision, it found that patents could be issued on “anything under the sun that is made by man.” Dangerous precedent, that. Since that decision, the patent office has issued patents on 436 animals but announced in 1987 that it would not issue patents on humans. The patent office made the announcement without offering “legal rationale or statutory backing” according to Rick Weiss’s excellent article in this morning’s Washington Post.