ISSUE:
Whether “clones” which are identical genetic copies of a cell, cell part, or organism are statutory subject matter under 35 U.S.C. 101?
RULE:
In general, “clones” which are identical genetic copies of a cell, cell part, or organism are non-statutory subject matter under 35 U.S.C.101, unless the claims “describe clones that have markedly different characteristics from the donor animals of which they are copies”.
Any existing organism or newly discovered plant found in the wild is not patentable.