Patenting Human Beings: Do Sub-Human Creatures Deserve Constitutional Protection?

Abstract

The availability of patents for genetically altered animals raises questions about the patentability of human beings. Genetic research will produce beings who fall halfway between what we currently think of as “animal” and “human.” It is unclear on which side of the legal line these creatures will fall. In April 1988, Congress revised the Patent Act with a statement that human beings are not to be considered patentable subject matter. Congress, however, failed to supply a definition of the term “human being.” A definition will clarify the legal status of sub-human creatures. The author addresses this problem and proposes a definition of “human being” as an amendment to the Patent Act.