David Weldon: “on July 22, 2003, I introduced an amendment to provide congressional support for the current U.S. Patent and Trademark…”

“on July 22, 2003, I introduced an amendment to provide congressional support for the current U.S. Patent and Trademark Office (USPTO) policy and practice against approving patent claims directed to human organisms, including human embryos and human fetuses. The House of Representatives approved the amendment without objection on July 22, 2003, as section 801 of the Fiscal Year 2004 Commerce/Justice/State Appropriations Bill. The amendment, now included in the Omnibus appropriations bill as section 634 of H.R. 2673, reads as follows: ``None of the funds appropriated or otherwise made available under this Act may be sued to issue patents on claims directed to or encompassing a human organism.'' The current Patent Office policy is that ``non-human organisms, including animals'' are patentable subject matter under 35 U.S.C. 101, but that human organisms, including human embryos and human fetuses, are not patentable. Therefore, any claim directed to a living organism must include the qualification ``non-human'' to avoid rejection. This amendment provides unequivocal congressional support for this current practice of the U.S. patent office.”