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Science 30 May 2003:
Vol. 300. no. 5624, pp. 1375 - 1376
DOI: 10.1126/science.1083367
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Policy Forum

PATENT LAW:
Natural Substances and Patentable Inventions

Linda J. Demaine* and Aaron X. Fellmeth

The current practice of the U.S. Patent and Trademark Office and the courts of granting and upholding patents on discovered natural substances departs from traditional, constitutional principles of patent law. In this Policy Forum, the authors propose a test for the patentability of inventions deriving from naturally occurring, nonbiological substances such as elements, chemicals, minerals, and subatomic particles. They discuss how the proposed test would resolve the economic and ethical policy concerns regarding patents on natural substances that are not substantially modified.

L. J. Demaine is a policy analyst with RAND, Santa Monica, CA 90401, USA . A. X. Fellmeth is a practicing attorney.

*To whom correspondence should be addressed. E-mail: demaine{at}rand.org

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THIS ARTICLE HAS BEEN CITED BY OTHER ARTICLES:
Who Owns Biodiversity, and How Should the Owners Be Compensated?.
P. Gepts (2004)
Plant Physiology 134, 1295-1307
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