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Date: | Fri, 26 Feb 2021 08:28:30 -0700 |
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My understanding of the patent process (in the U.S.) is that it gives
the discoverer/possesor/seller of a unique concept/procedure/product a
marketing advantage to be the unique distributor and block others from
getting the advantage. The approval of a patent simply has to convince
the patent officer that the applicant has a unique patentable and
enforceable process or product. From what I understand, the applicant
does not have to prove that it works, just convince the reviewer that
it could work. A lot of clearly identified genes have received patents
(mostly in plants, but some in animals), whether naturally or
artificially created. Some have been marketed, others not. We were
told in the 2000s by patent specialists that any product of selection
in breeding of honey bees could not be patented unless clearly
identified as unique and due to the process of selection. So for
example, even though VSH had been identified as a clearly genetically
based and heritable trait, it could not be patented because no one had
identified a gene, DNA sequence, or other entity that correlated with
the behavior and could be marketed and enforced if someone else decided
to sell it.
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