Are DNA sequences patentable?
As a rule, DNA sequences cannot be patented. Finding an unknown DNA sequence constitutes a discovery (and) not an invention and thus cannot be patented. However, it is possible to obtain a patent for an industrial process or a product received as a result of such a process. It is not excluded by the mere fact that during this industrial application DNA is used. In this case, it is not the DNA that is patented but the industrial application or an isolation process using DNA. If a DNA sequence is released from its natural surroundings by means of a technical procedure and is made available for the first time to a commercial application, it is patentable because it was not previously accessible to the public and thus was technically not available.
