With the advent of protein engineering, the determination of a protein’s 3D structure has taken on a whole new importance. This has prompted some to call for the United States Patent and Trademark Office [USPTO] to break with tradition and allow patents on the three-dimensional structural information of proteins. This iBrief will discuss whether such information would constitute patentable subject matter under 35 U.S.C. §101, and how much protection patents on this information could actually confer.
Ben Quarmby, 3D Molecular Structures: Patentable Subject Matter Under 35 U.S.C. §101?, 2 Duke Law & Technology Review 1-7 (2003)