Question

Min-Ja Industries developed a new form of bacteria to attack the problem of plastic pollution in the oceans. The Min-Ja bacteria are capable of ridding the world's oceans of plastics within a decade. Min-Ja filed a patent application and began to prepare for massive production. Which of the following statements is true? Group of answer choices Min-Ja's patent application will be denied because living organisms cannot be patented. Min-Ja's patent application will be denied because of the public good rationale. Min-Ja's patent application will be granted. Min-Ja's patent application will be denied because it is not novel.

Answer 1

Following the 1980 Diamond v. Chakrabarty case, genetically modified organisms can be patented if they are novel, man-made, and not naturally occurring. Therefore, Min-Ja Industries could potentially have their patent for a new form of bacteria granted if it meets these criteria.

Step-by-step explanation:

Historically, living organisms were not considered patentable as they were naturally occurring. However, a landmark case in 1980, Diamond v. Chakrabarty, changed this perspective when the U.S. Supreme Court ruled that a genetically modified bacterium could be patented because it was man-made and not a product of nature. This paved the way for individuals and entities to own genetically modified organisms (GMOs) and secure patents for their unique genetic modifications. Therefore, if Min-Ja Industries has developed a new, novel form of bacteria that is not naturally occurring and is a result of their own genetic manipulation, their patent application has a potential to be granted, assuming all other patent criteria are met.

Answer 2

Min-Ja's patent application for their bacteria to combat plastic pollution in the oceans would likely be granted.

Step-by-step explanation:

The statement that is true in this scenario is Min-Ja's patent application will be granted. Before 1980, living organisms were not considered patentable, but the US Supreme Court's decision in Diamond v. Chakrabarty changed that. The court found that genetically modified organisms could be patented if they were man-made and not naturally occurring. Therefore, Min-Ja's patent application for their bacteria to combat plastic pollution in the oceans would likely be granted.