Law - Biotechnological Process

Under Public Law 104-41 (which became law on November 1, 1995), an invention involving certain "biotechnological processes" that would otherwise be obvious is deemed unobvious (and, hence, potentially patentable) under certain conditions. The process must use or result in a composition of matter that is novel and unobvious and must involve (1) genetically altering or otherwise inducing a single or multi-celled organism, (2) cell fusion procedures yielding a cell line that expresses a specific protein or (3) a method of using a product produced by one or both of such processes. [35 U.S.C. 103(b)].

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