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ARTICLE · 16 MAY 2014

Baaaaad News For Patenting Cloned Sheep

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The Federal Circuit affirmed that claims directed to cloned cattle, sheep, pigs and goats were non-patent eligible subject matter.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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In a unanimous panel decision, the Federal Circuit affirmed the finding of the USPTO Patent Trial and Appeal Board (PTAB) that claims directed to cloned cattle, sheep, pigs and goats were directed to non-patent eligible subject matter under 35 USC § 101. The court in effect held that while methods of making Dolly the sheep may be patentable, Dolly herself is not.

The Patent Application at Issue

The patent application at issue was 09/225,233, assigned to the Roslin Institute of Edinburgh, Scotland. The court identified claims 155 and 164 as representative:

155. A live-born clone of a pre-existing, nonembryonic, donor mammal, wherein the mammal is selected from cattle, sheep, pigs, and goats.

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