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Posts Tagged ‘ animal cloning ’

Dolly the Cloned Sheep Not Patentable in the U.S.

Posted: Thursday, May 8, 2014 @ 1:25 pm | Written by Gene Quinn | 31 comments
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Posted in: Biotechnology, Federal Circuit, Gene Quinn, Government, IP News, IPWatchdog.com Articles, Patentability, Patents, Technology & Innovation

Dolly the Sheep.

Earlier today the United States Court of Appeals for the Federal Circuit ruled that Dolly the cloned sheep, and any other genetic clones, are patent ineligible in the United States because the “claimed clones are exact genetic copies of patent ineligible subject matter.” The case decided was In re Roslin Institute (Fed. Cir. May 8, 2014).

The Roslin Institute of Edinburgh, Scotland (Roslin) is the assignee of U.S. Patent Application No. 09/225,233 (the ’233 application) and had appealed from a final decision of the Patent Trial and Appeal Board, which held that all of Roslin’s pending claims were unpatentable subject matter under 35 U.S.C. § 101. The Board also rejected Roslin’s claims as anticipated and obvious under 35 U.S.C. §§ 102 and 103. Having determined that genetic clones are not patent eligible the Federal Circuit, in a decision by Judge Dyk who was joined by Judges Moore and Wallach, did not reach the 102 or 103 issues, instead simply affirming the Board’s rejection of the claims under § 101.

To tell the story involved in this case we must travel back to July 5, 1996, when Keith Henry Stockman Campbell and Ian Wilmut successfully produced the first ever cloned mammal from an adult somatic cell: Dolly the Sheep. The cloning method Campbell and Wilmut used to create Dolly was a significant scientific breakthrough. Campbell and Wilmut obtained U.S. Patent No. 7,514,258 (the ’258 patent) on the somatic method of cloning mammals, which was been assigned to Roslin. The ’258 patent was not at issue in this case.



Family Dog Cloned Thanks to Dolly Patents

Posted: Wednesday, Jan 28, 2009 @ 12:57 pm | Written by Gene Quinn | 3 comments
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Posted in: Biotechnology, IP News, IPWatchdog.com Articles, Patents

BioArts International announced today that delivered the world’s first commercially cloned dog, a 10-week old Labrador named Lancey, to Florida residents Edgar and Nina Otto.  According to the press release issued by the company, “BioArts International is a biotech company focused on unique, untapped markets in the global companion animal, stem cell and human genomics industries. The Best Friends Again programis a collaboration between BioArts and the Sooam Biotech Research Foundation in South Korea, home to the best and most experienced dog cloning team in the world.”  The technology that makes this animal cloning possible stems from the cloning patents developed at the Roslin Institute for the cloning of the now famous, or infamous depending on your view, Dolly the sheep.