Can I patent a living organism?

The short answer is no. It is not possible to patent a living organism in Indiana. The US Patent and Trademark Office does not issue patents on plants and animals, including humans. However, inventions that involve them are patentable, such as genetic engineering techniques or certain bio-based processes. In general, patents protect inventions, which are defined as new, useful and nonobvious inventions. To receive a patent, a person must apply for one and show that it meets the requirements of novelty, utility, and nonobviousness. To be new, an invention cannot be known to the public before the application is filed. To be useful, the invention must have a practical, useful purpose. To be nonobvious, the invention must be a significant improvement over something that is already known. Inventions involving living organisms may be patentable, if they meet all of the requirements mentioned above. For example, a gene-editing technique, or a new species of plant created through genetic engineering, could be patented. To summarize, patents cannot be issued on living organisms in Indiana. However, inventions involving living organisms may be patentable, as long as they meet the necessary requirements for patentability.

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