PTO Declares Chimera Unpatentably Human

In Greek mythology, the Chimera was a beast with the head of a lion, the body of a goat, and the tail of a serpent.  Today, these anthropomorphic fantasies appear to be entering the laboratories at New York Medical College and with them comes a revival of the biological patents debate.  Although the USPTO finally denied Stuart Newman's patent application for the alleged invention of a part human-part animal creature, the decision draws few lines between patentable and unpatentable biological inventions. 

The decision states only that the proposed creature was "too human" to be patentable.  But, Deputy Patent Commissioner, John Doll says, "I don't think anyone knows in terms of crude percentages how to differentiate between humans and non-humans...It would be very helpful to have some guidance from congress and the courts."

In Diamond v. Chakrabarty, the Supreme Court declared that a patent may issue on "anything under the sun made by man," and overturned the patent office's rejection of a patent on a man-made bacteria capable of digesting oil spills.  Since then, patents have issued on several man-made life forms including a mouse with a human immune system.
Newman's proposed invention would, apparently, have resulted in a creature much more human than not.  And, Newman himself appears to consider the rejection a victory against "the privatization of the biological world."