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I'm not sure proteins have to be 'found'. They can be invented. Then they are a lot more like a copyright and not a patent.


The fun question is, if somebody invents one, and it's found in nature later, is that sufficient prior art to invalidate the patent?


You could then still have the distinction between synthetic proteins and natural ones, and only permit patents on the synthetic ones.


What if you make a synthetic protein and then find it in nature? What if you build bacteria to make the synthetic protein? The difference between synthetic and natural seems like it would be very murky.




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