Yes, this is possible.
35 U.S.C. Section 161 already provides a system for obtaining patents on certain kinds of plants. Such "plant patents" may be awarded to those who have invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.
In the landmark case Diamond v. Chakrabarty, 447 U.S. 303, 1980, the U.S. Supreme Court upheld a patent on a certain type of genetically engineered bacteria. The bacteria was undeniably valuable because it could break down crude oil (so it could be used for treating oil spills, for example). The court found that the bacteria were "compositions of matter" and also "manufactures" and therefore statutorily eligible for patent protection.
There have also been patents issued for genetically engineered mice (mice that were more susceptible to getting cancer) as well as genetically altered oysters.
The Patent Office has announced that it will not allow patents on human beings, however.
35 U.S.C. Section 161 already provides a system for obtaining patents on certain kinds of plants. Such "plant patents" may be awarded to those who have invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.
In the landmark case Diamond v. Chakrabarty, 447 U.S. 303, 1980, the U.S. Supreme Court upheld a patent on a certain type of genetically engineered bacteria. The bacteria was undeniably valuable because it could break down crude oil (so it could be used for treating oil spills, for example). The court found that the bacteria were "compositions of matter" and also "manufactures" and therefore statutorily eligible for patent protection.
There have also been patents issued for genetically engineered mice (mice that were more susceptible to getting cancer) as well as genetically altered oysters.
The Patent Office has announced that it will not allow patents on human beings, however.
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