Human Organism Prohibition

Overview

It has been longstanding USPTO policy that a claimed invention encompassing a human being is not patent-eligible subject matter. Section 33 of the America Invents Act codified this. An application that attempts to patent a human organism will be rejected under 35 U.S.C. § 101 as directed to nonstatutory subject matter.

Upcoming Events/Key Dates

This provision went into effect on September 16, 2011, and did not change examination policies or procedures.