STS 011

Patents

• Utility

• Plant

• (One that we didn’t need to know)

Utility Patent

• 35 USC 101

• New, Useful, non-obvious

• Machine, manufacture, process

Plant Patent Act of 1930

• Asexually reproducing plants

• Doesn’t include tubers or uncultivated plants

• New, cultivated sports, hybrids, mutants, newly found seedlings

Plant Variety Protection Act of 1970

• 20-25 years exclusion control

• New, distinct, uniform, stable

• Sexaully reproducing plants or tubers

• Esclusive control

  • Monetary

  • Keep other from sharing, reselling, reproducing a product

Product of Nature Doctrine

• Anything found in nature can’t be patented

• Ex Latimer, Hoyt v. Lovett (no trademark needed)

Extraction and Purification

• Extract + purify to certain point to it becomes something new (allows it to become patentable)

  • Park Davis v. Mulford (adreline crystallization)

  • Union Cartide b American Cartide

    • William Cartides → fertilzer