For a long time,
scientists in the petrochemical industry were aware of certain bacteria that
could break down hydrocarbons in crude oil into simpler and less harmful
substances. However, since no single strain of bacteria could metabolize all
hydrocarbons present in crude oil, multiple strains were used during oil
spills. Unfortunately, not all of these strains could survive in varying
environmental conditions, and they sometimes competed with each other, leading
to reduced effectiveness.
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| In 2013, the Supreme Court made a significant decision that prevented the patenting of human genes. The case involved a breast cancer test that relied on the detection of a faulty BRCA1 gene. The impact of this ruling could extend to other naturally occurring substances, such as proteins from animal or human sources, microorganisms sourced from soil or sea, and compounds extracted from plants. |
In 1971, Ananda
Chakrabarty, an Indian American microbiologist working at General Electric,
discovered plasmids that could degrade crude oil. These plasmids could be
transferred to the bacterium Pseudomonas to create a genetically engineered
species that did not exist in nature. This newly created "oil-eating"
bacterium was capable of consuming oil several times faster than the earlier
four strains combined, breaking down two-thirds of the hydrocarbons present in
a typical oil spill. But, the question arose whether a living organism could be
patented.
The US Constitution's
Article I, Section 8 granted the right to grant patents to promote the progress
of science and useful arts. It granted a fixed-term monopoly to the inventor in
exchange for publicly sharing knowledge of the invention. In 1873, Louis
Pasteur was granted a US patent for a purified yeast cell. The Plant Patent Act
of 1930 allowed plants to be patented, as they were an exception and could
foster agricultural innovation. However, in 1980, Sidney Diamond, the
Commissioner of the Patent and Trademark Office, challenged the patentability
of the "oil-eating" Pseudomonas on the basis that, as bacteria, they
were products of nature.
In Diamond v.
Chakrabarty, the US Supreme Court, in a 5-4 decision, held that "the fact
that micro-organisms are alive is without legal significance for the purposes
of patent law" and that "anything under the sun made by man" is
patentable. This landmark decision led to an avalanche of biotechnology patent
applications and approvals, including the first transgenic animal, the
"Harvard Mouse," in 1988, and genetically engineered crops in 1990.
Only Canada prohibited patents on higher life forms, such as mice. However, in
2013, the US Supreme Court held that naturally occurring DNA sequences were
ineligible for patents.
