ugh. composition of matter, from a source of legal

ugh. composition of matter, from a source of legal precedence: "Chakrabarty’s patent claims were of three types: first, process claims for the method of producing the bacteria;<447 U.S. 306> second, claims for an inoculum comprised of a carrier material floating on water, such as straw, and the new bacteria; and third, claims to the <206 USPQ 196> bacteria themselves. The patent examiner allowed the claims falling into the first two categories, but rejected claims for the bacteria. His decision rested on two grounds: (1) that micro-organisms are “products of nature,” and (2) that as living things they are not patentable subject matter under 35 U. S. C. §101 "

chakrabarty's patent prevailed on appeal because his organism was determined to be distinct, and not a product of nature. You cannot patent MANF in general just because you discover it.

http://digital-law-online.info/cases/206PQ193.htm

via http://www.uspto.gov/web/offices/pac/mpep/s2106.html

http://en.wikipedia.org/wiki/Biological_paten...ted_States