Natural Substances and Patentable Inventions

Abstract

The discoverer of a naturally occurring phenomenon—such as an element, chemical, or mineral—cannot patent the phenomenon (1). This long-standing principle of patent law, which reflects the “invention” prerequisite for patent protection, has been upheld consistently by the U.S. Supreme Court. Most recently, in Diamond v. Chakrabarty, the court noted that, although a genetically modified organism could be patentable under some circumstances, “a new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter” because it is not “a product of human ingenuity” (2).