San Diego Law Review

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Transgenic animals are animals that are developed by inserting gene coding for a unique characteristic or valuable product into the genome of the animal. The animals can then pass this characteristic on to their progeny through reproduction. These animals can be patented in the United States as long as they meet the requirements of patentability set forth in patent law. This Comment examines the requirement of control that the patentee must exercise over the patented transgenic animals. If the patentee transfers the animal to a third party, the patentee runs the risk of losing control over the technology's use. Such control is required under patent law. The Comment sets forth three separate hypothetical transgenic inventions and a specific transfer of each invention. Each hypothetical invention is described and classified as either a product or a machine. After describing and classifying these inventions, the Comment then considers the amount of control maintained by the patentee under the patent law doctrines and anti-trust law after transferring those inventions using an unconditional sale, a field of use license, a bailment, and a lease.

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