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mullf's Avatar
Posts: 610 | Thanked: 391 times | Joined on Feb 2006 @ DC, USA
#66
Originally Posted by attila77 View Post
As you cannot guarantee that a sequence does not already exist, or that it not will appear by spontaneous mutation, it's a slippery slope anyway.
If a competitor already has it in the lab, then they can file for reexamination or sue to invalidate the patent or have a defense if sued for infringement. There is such as thing as "standard of proof", and saying that some competitor might (or might not) have refined this gene sequence is no proof at all. If they have, let them prove it.