As a community service, an educational series by the

IP and Business Law Offices of Howard L. Hoffenberg, Esq.

Copyright 2010 The IP and Business Law Offices of Howard L. Hoffenberg, Esq. All Rights Reserved.

Return to Index of Tour of US Supreme Court Patent Cases from 1961 to 1999

HOLDING: (1) 101 is to be interpreted broadly and is not limited to that which was anticipated by Congress at the time of its enactment. (2) A "manufacture" is "the production of articles from materials by giving to these materials new forms, qualities, properties, or combinations (3) A composition of matter" includes "two or more substances whether they be the results of chemical union, or of mechanical mixture. (4) The micro-organism is a patentable. It is the product of human ingenuity having a distinctive character, not naturally occurring and with markedly different characteristics from any found in nature.

DIAMOND v. CHAKRABARTY, 447 U.S. 303 (June 16, 1980)

 

FACTS: Plaintiff sought a patent for a genetically engineered bacterium that breaks down crude oil. The PTO allowed process claims for making the bacterium and use claims.

Tour of US Supreme Court Patent Cases from 1961 to 1999

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A Fast and Easy Way to Learn the High Points of Patent Law and Related Anti-trust Law

Community Service and

Pro Bono

In addition to this education series, Mr. Hoffenberg gives of his time to benefit the community and contribute to the quality justice in the State of California. For many years, he served as a volunteer pro tem in the Municipal Court in traffic, landlord-tenant, small claims and short cause matters. Currently, Mr. Hoffenberg serves as a volunteer arbitrator for the Dispute Resolution Service in attorney-client fee disputes and as a quasi-volunteer mediator in the Court of Appeals.