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39 New Eng. L. Rev. 523 (2004-2005)
Cloning Issues and the Current Patent Systems in the United States and Europe

handle is hein.journals/newlr39 and id is 533 raw text is: CLONING ISSUES AND THE CURRENT PATENT SYSTEMS IN THE UNITED STATES AND EUROPE MONIQUE MORNEAULT* Thank you for having me today. I am going to focus on cloning and the patent protection in both the United States and Europe, comparing and contrasting some of the current laws that are in place. My presentation today is going to generally cover the following: Patentable subject matter in the United States and Europe; the clash of patentability; the morality in the United States and Europe, the harmonization, or not, between the laws of the United States and Europe; and where we are today. Basically, I think everyone has a pretty good understanding of where the controversy stands. I want to start with the law in the United States, 35 U.S.C. § 101,1 which specifically states that, [w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter ... may obtain a patent therefor, subject to the conditions and requirements of this title.-2 The Supreme Court, initially, addressed the patentability of bioscience inventions in Diamond v. Chakrabarty,3 where the Court determined that section 101 was sufficiently broad to encompass a living microorganism, and thus expanded patentability to this matter. The Court stated that a patent can be granted on anything under the sun that is made by man. The utility requirements under the patent laws for bioscience Monique Morneault is a shareholder with Wallenstein, Wagner & Rockey, Ltd. Her practice includes patent and trademark filing, prosecution, and counseling. Attorney Morneault is also the Director of the firm's International Patent Group. She earned her J.D. from IT/Chicago-Kent College of Law, and a B.S. in microbiology from the University of Illinois at Urbana-Champaign. 1. 35 U.S.C. § 101 (2000). 2. Id. 3. 447 U.S. 303 (1980).