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Journal of Intellectual Property Law

Abstract

The beginning of this Note dissects the scientific underpinnings of 3D bi-oprinted organs. Part II explores statutory authority and controlling, or otherwise persuasive, case law that pertains to subject matter patentability. Current rights associated with medical devices and one’s own natural organs are also identified. Part III analyzes how 3D bioprinted organs should be regulated and how the patentability of 3D bioprinted organs squares with potential regulatory frame-works. Ultimately, this Note reaches the conclusion that 3D bioprinted organs are patentable subject matter and that, in general, 3D bioprinted organs should be regulated as medical devices. In the patentability wrinkle, this Note also ob-serves how the anti-commodification of patented 3D bioprinted organs would be a legal contradiction under current federal law.

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