9. 1.2.2 gene or DNA fragment
Whether it is a gene or a DNA fragment, its essence is a chemical substance. The genes or DNA fragments mentioned here include genes or DNA fragments isolated from microorganisms, plants, animals or human bodies, as well as genes or DNA fragments prepared by other means.
As mentioned in section 2. 1 of this chapter, it is only the discovery of natural genes or DNA fragments that people find from nature, which belongs to the "scientific discovery" stipulated in Item (1) of Paragraph 1 of Article 25 of the Patent Law and cannot be granted a patent right.
However, if it is a gene or DNA fragment isolated or extracted from nature for the first time, its base sequence is not recorded in the prior art, and it can be accurately characterized and has industrial utilization value, then the gene or DNA fragment itself and its acquisition method belong to the object that can be protected by patent.