Could Darwin Have Patented The Theory Of Evolution? – Intellectual Property – Israel – Mondaq News Alerts

Cohn, de Vries, Stadler & Co

16 February 2022

Cohn, de Vries, Stadler & Co

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February 12 this year marks the 213th birthday ofCharles Robert Darwin, known as the "Fatherof the Theory of Evolution" according to which evolution ofthe species is driven by a process of natural selection. Namely, aprocess by which random variations in a subject's phenotype(i.e., characteristics) that increase the suitability of thesubject to a changing environment and its ability to reproduce, aregenetically maintained in the population and cause an evolution andcreation of new species.

As exciting and revolutionary as the theory of evolution hasbeen (and still is), Darwin did not"invent" it and it cannot be regarded asan "invention".

An invention is a creative achievement which usually developsfrom a hypothesis, a scientific discovery, or an experimentaldiscovery, and always includes an element of humanintervention. The hypothesis or the scientific discovery bythemselves are not an invention. They cannot be owned by anyone andcan certainly not be patented.

A patentable invention according to the Israeli PatentLaw is a product or a process in any technological field that isnew, inventive, useful, and industrially applicable.

Therefore, no matter how novel and inventive a theory or an ideamay be, abstract scientific theories are notpatentable.

One of the main reasons for that is the question of theusefulness and industrial applicability of the scientific theory assuch. The brilliant laws that govern the process of evolutionaryselection do not have a direct use or industrial applicability, andif such use is found, it may be regarded as an invention only ifthe proposed product or process involves a modification of thenatural processes.

And last, but not least, in the case of evolution, Darwin (aswell as other less celebrity scientists such as Alfred RusselWallace) crafted an ingenious theory based on its carefulobservation of Nature. If so, who after all can bedefined here as an inventor?

Perhaps the finches of Galapagos.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Could Darwin Have Patented The Theory Of Evolution? - Intellectual Property - Israel - Mondaq News Alerts