New molecule discovered by Berkeley Labs highlights challenges on the road to patent

Lisa Silverman was quoted in Daily Journal’s article that reported on Berkeley National Labs’s discovery of a new molecule berkelocene, and how such discoveries can be patented and commercialized. Lisa explained the criteria for patenting a molecule or compound.

Lisa noted, “In the U.S., naturally occurring products, laws of nature, and natural phenomena are not patentable. However, applications or uses of natural products and national phenomena may be eligible for patent protection.”

She added, “In this case, it looks like these researchers came up with and made a new molecule that hadn’t been made before, and that new synthetic molecule may be patent eligible because it is not a molecule that was found in nature.”

Read the full article in the Daily Journal (subscription required).