Question: Virgil Richards conceived a way to regulate the translation of heterologous DNA in bacteria. He worked on this invention with three other people. Richards conceived

Virgil Richards conceived a way to regulate the translation of heterologous DNA in bacteria. He worked on this invention with three other people. Richards conceived of the idea in May 2003, reduced it to practice on May 14, 2004, and filed a patent application on June 1, 2005. Richards was sued by the co-inventors for not including their names on the application. On May 3, 2004, Richards published an article in Japan that explained his idea in detail. Clyde Taylor reduced this idea to practice on May 14, 2004, making only minor changes to the procedure disclosed in the article. He applied for a patent on June 1, 2004. Can Richards or Taylor obtain a patent for the technology? The process includes some basic scientific principles. Does that mean that both patent applications will be rejected? [In re O’Farrell, 853 F.2d 894 (Fed. Cir. 1988).]


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