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Re:Supreme Court rules human genes may not be patented by pdabbadabba on Thursday June 13, 2013 @11:47AM (#5874659)
Well, the patent was not on the process of creating cDNA, it was on the product -- they patented the cDNA itself, not the process for creating it. It is a composition of matter patent. Therefore, the question to ask is whether the cDNA itself exists in nature, not whether the process for making it does.
Re:Supreme Court rules human genes may not be patented by aroch on Thursday June 13, 2013 @11:53AM (#5874696)
But there's no reason the product cDNA should be patentable. It's that a cDNA is, quite literally, just a different storage medium from mRNA. It'd be like saying you can't patent X because it's in .doc format but if you make it a PDF we'd be happy to let you patent it.