Koepsell who owns you

Science and Technology after Myriad and Bilski David Koepsell, Delft University of Technology, NL

Science vs. Engineering ,[object Object],[object Object],[object Object]

Science vs. Engineering science engineering

Diamond v. Chakrabarty, 447 U.S. 303 (1980) ,[object Object]

Science vs. Engineering Laws of nature, physical phenomena, “ abstract ideas” nonnaturally occurring manufacture or composition of matter -- a product of human ingenuity ‘having a distinctive name, character [and] use

AMP v. Myriad Claims include: “The isolated DNA of claim 1, wherein said DNA has the nucleotide sequence set forth in SEQ ID NO:1.”

How did this happen? The “isolated and purified” anomaly ,[object Object]

The problem with “isolated and purified” ,[object Object],different from naturally-occurring ?

The irrational implication… ,[object Object]

The irrational implication… ,[object Object],* Patent attorneys have actually made this argument with me… nevermind photosynthesis

Can we reconcile law and reality? Yes, consider Priestley’s oxygen He invented a means of creating pure oxygen, by heating mercuric acid. He did not invent molecular oxygen. Acc. to Chakrabarthy and Bilski , O2 is a physical phenomenon, not patent-eligible. So give Priestley a process patent, but not on the product

Can we reconcile law and reality? ,[object Object]

Isolation and purification are inventive, their products often aren’t ,[object Object],[object Object],[object Object]

Post - Myriad and Bilski ,[object Object],[object Object]

Koepsell who owns you

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