Currently, only genes with confirmed functions can apply for patents.
At the same time, we must also consider that it is not identical or similar to the published sequence.
If the sequence is currently disclosed but the use is unknown, and your invention has that use, you can also apply for a patent.
Almost all genes discovered in the human genome have been patented.
What everyone usually calls "gene patents" is actually inaccurate. Strictly speaking, what we usually call "gene patents" should be the patent of a certain (deoxy) nucleotide sequence itself, the function (use) patent of this (deoxy) nucleotide sequence, and the patent of this (deoxy) nucleotide sequence. A general term for patents on methods for preparing sequences, and in some cases, patents on amino acid sequences obtained from this (deoxy) nucleotide sequence.
A further explanation is that for a newly discovered (deoxy) nucleotide sequence (not necessarily a gene, such as interfering RNA), as long as its function is clarified, this ( Apply for a patent for the deoxy) nucleotide sequence itself and the newly discovered function of this (deoxy) nucleotide sequence. If this (deoxy) nucleotide sequence is prepared using a special preparation method, such as a high yield, etc. , the method itself can also be patented. Of course, if you discover a new function or a better preparation method for a known (deoxy) nucleotide sequence, you can also apply for a patent for the new function or preparation method. It should be noted that whether you can apply for a patent mainly depends on whether you have "discovered" a "new effect" related to this (deoxy) nucleotide sequence, and the degree of similarity between this (deoxy) nucleotide sequence and the published sequence (same as source) regardless of size. For example, if only one base of a published gene is changed and its expression efficiency is significantly improved, the changed gene can be patented, although the overall sequence change is very small; conversely, even if you change a base of a published sequence After more than 50 changes, all its functions have not changed, and it still cannot be patented.
Applying for patents involving genes and proteins is relatively complicated. It is best to entrust a regular patent agent to assist in the process, especially a patent agent with a background in modern molecular biology technology.