“The Supreme Court held that naturally occurring gene sequences, and their natural derivative products, are not patent eligible. Under §101 of the Patent Act, the discovery of natural products does not warrant a patent. However, the Court also held that the…
“The Supreme Court held that naturally occurring gene sequences, and their natural derivative products, are not patent eligible. Under §101 of the Patent Act, the discovery of natural products does not warrant a patent. However, the Court also held that the creation of a new product in a lab exempts that product from being a product of nature. Therefore, gene sequences refined by synthetic processes to create molecules that do not occur naturally are patent eligible.”
… refined by synthetic processes … as in mRNA vaccines?
In other words, if you synthesize natural DNA or RNA sequence than it becomes patentable. Go prove in court that what you have is naturally derived, big pharma or big government will always find the way to be on top.
File under: “Things that make you go, Hmmmm”
https://www.oyez.org/cases/2012/12-398
“The Supreme Court held that naturally occurring gene sequences, and their natural derivative products, are not patent eligible. Under §101 of the Patent Act, the discovery of natural products does not warrant a patent. However, the Court also held that the creation of a new product in a lab exempts that product from being a product of nature. Therefore, gene sequences refined by synthetic processes to create molecules that do not occur naturally are patent eligible.”
… refined by synthetic processes … as in mRNA vaccines?
In other words, if you synthesize natural DNA or RNA sequence than it becomes patentable. Go prove in court that what you have is naturally derived, big pharma or big government will always find the way to be on top.