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» Materials for 26.05.2020
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Patenting of gene and protein sequences: an EU and US perspective

In both the EU and the US native gene and protein sequences cannot be patented. However, under both regimes biological materials, and gene/protein sequences identical to those found in nature, may be patent protected in certain circumstances.


The requirements for patentability of gene/protein sequences differ between the EU and US, leading to a number of issues and considerations that patentees and patent drafters must be aware of when seeking to protect biological material in these territories.

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