Document Type
Article
Publication Date
2017
ISSN
1549-8271
Publisher
Northwestern University School of Law
Language
en-US
Abstract
The conception of Frankenstein’s monster bridges the ever-narrowing divide between man and machine. Long before Congress codified Section 33(a) of the America Invents Act (“AIA”), Mary Shelley’s vague description of the monster’s creation has left people wondering: what defines a human organism? Through an analysis of patent law and scientific progress in the development of artificial organ systems, this paper explores the boundaries of patentable subject matter in the United States and attempts to clarify Congress’s determination that “no patent may issue on a claim directed to or encompassing a human organism.” Though patent law should incentivize development of artificial human tissues and organs, Section 33(a) of the AIA stands to limit scientific progress. Either judicial or legislative action must clarify the term “human organism” to balance the need for artificial organ development, while hindering unethical scientific development of artificial humans.
Recommended Citation
Jordana Goodman,
Patenting Frankenstein's Monster: Exploring the Patentability of Artificial Organ Systems and Methodologies
,
in
15
Northwestern Journal of Technology and Intellectual Property
35
(2017).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/3303
Included in
Health Law and Policy Commons, Intellectual Property Law Commons, Legal Ethics and Professional Responsibility Commons, Legislation Commons, Science and Technology Law Commons
