35 U.S.C. 101 Inventions patentable.
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
[*Begin Editor's Note: Limitation on Issuance of Patents (Sept. 16, 2011)]
Leahy-Smith America Invents Act, Public Law 112-29, sec. 33, 125 Stat. 284 provides as follows:
(a) LIMITATION.—Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—Subsection (a) shall apply to any application for patent that is pending on, or filed on or after, the date of the enactment of this Act [Sept. 16, 2011].
(2) PRIOR APPLICATIONS.—Subsection (a) shall not affect the validity of any patent issued on an application to which paragraph (1) does not apply.
[*End Editor's Note: Limitation on Issuance of Patents (Sept. 16, 2011)]