Living organisms, patents

Plant chemists show several different approaches to the way they view chemicals in plants. Some are interested in the isolation of the molecule per se, its structure and synthesis (1 ). Others are searching for interesting and hopefully patentable biologically active plant products or molecules as new drugs (2), as antibiotics O), or as pesticides (M. A third group seeks to understand the role such compounds (allelochemicals) play in the environment, that is the way in which they may influence or control many of the complex interactions that occur between living organisms in natural plant communities O, ). As has been shown in this Symposium these three approaches are not necessarily mutually exclusive. 

It must be mentioned that the patentability of animals has given rise to much discussion. The United States Patent and Trademarks Office (USPTO) following the decision in Ex parte AUen 2 USPQ 2nd 1425 (1987), regards unnaturally occuring living organisms including animals, as patentable. 

The use of microbiology in the pharmaceutical industry in large-scale production of vaccines was realized in 1912. The preparation of medicinal products of plant- and animal origin from living organisms started before World War II. A well-known procedure patented by a Hungarian pharmacist, J. Kabay (1896— 1936) under the title A method for opium-alkaloid production from green poppy plants in 1925 was realized on an industrial scale in 1927. 

One of the first patents ever to be awarded to a living organism was given for F. gramineraum. For more information see ... 

Biotechnology (hereinafter, biotech) can loosely be defined as the science of very large and very complicated living molecules. The patent concepts that have developed over the decades to deal with a myriad of inventions covering organic compounds (i.e. small molecules ) can generally be, and have been, adapted to cover biotech inventions. However, biotech inventions have two basic types of problems one technological, the other societal. 

---