Clone Clubbers Rejoice: ORPHAN BLACK Renewed for Season 4

I have lost a little of my excitement about this show (mostly because of the “they patented us!” angle (which I think has been dropped), but I am still glad we are going to get another season.

Entertainment Law

Law and the Multiverse looks at Orphan Black’s “Patenting the Clones” Storyline

> No, no, no.  Wrong, wrong, wrongity wrong.  The clones cannot be patented. Even if they could be, that does not mean that Dyad owns them or Kira.  Oh how wrong this is, let me count the ways.

> In the US it’s possible to patent genetically engineered animals, but it is not possible to patent anything that is “directed to or encompasses a human being.”  This was a long-standing Patent Office policy and was codified by the 2011 America Invents Act.  Furthermore, the 13th Amendment’s prohibition on slavery would almost certainly mean that even if it were possible to obtain a patent on a genetically engineered human being it would be impossible to enforce such a patent.

As an intellectual property attorney[^fn], the “they patented us!” storyline pulled me out of the show immediately. In fact, I am now a couple of episodes behind because of how wrongly that particular issue was handled.

[^fn]: I am *not* a patent attorney, though I am familiar with the concepts related to patents.