Examples - Product or Phenomenon of Nature

General. The following hypothetical examples teach this concept:

Hypothetical Example No. 1. Sybilla prepares a novel pure culture of a living microorganism. She is granted a patent on the composition of matter by the USPTO.

Hypothetical Example No. 2. Margaret invents a novel purified form of a protein. She is granted a patent on the composition of matter by the USPTO.

Hypothetical Example No. 3. Henri discovers a new planet in our solar system and files a U.S. patent application claiming his discovery. He is denied a patent by the USPTO.

Hypothetical Example No. 4. Maurice invents a novel, nonnaturally-occurring, nonhuman, multicellular, living organism. He is granted a patent on his invention by the USPTO.

Hypothetical Example No. 5. Orville discovers a new use for a known microorganism. He is granted a patent on his invention by the USPTO.

Hypothetical Example No. 6. Amelia discovers a new property of a known material. She is denied a patent on the property by the USPTO.

Case Law. The following example from U.S. case law teaches this concept:

Diamond v. Chakrabarty, 206 USPQ 193 (1980) A genetically-engineered microorganism.


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