At the same time, it should be considered that it is not the same as or similar to the published sequence.
If the sequence is disclosed at present, but you don't know the purpose, and your invention has been used, you can also apply for a patent.
Almost all the genes found in the human genome have been patented.
The so-called "gene patent" is actually inaccurate. Strictly speaking, the so-called "gene patent" should refer to the patent of a (deoxy) nucleotide sequence itself, the patent of the function (use) of this (deoxy) nucleotide sequence, the patent of the preparation method of this (deoxy) nucleotide sequence, and in some cases, the patent of the amino acid sequence obtained from this (deoxy) nucleotide sequence.
Further explanation is that a newly discovered (deoxy) nucleotide sequence (not necessarily a gene, such as interfering RNA) can apply for a patent for the (deoxy) nucleotide sequence itself and the newly discovered function of the (deoxy) nucleotide sequence as long as its function is clarified. If this (deoxy) nucleotide sequence is prepared by a special preparation method, such as high yield, the method itself is also available. Of course, if a new function or better preparation method is found for a known (deoxy) nucleotide sequence, you can also apply for a patent for this new function or preparation method. It should be noted that whether you can apply for a patent depends mainly on whether you have "discovered" the "new effect" related to this (deoxy) nucleotide sequence, and has nothing to do with the similarity (homology) between this (deoxy) nucleotide sequence and the published sequence. For example, if only one base of a published gene is changed, and the expression efficiency is obviously improved, the changed gene can apply for a patent, although the overall sequence has not changed much; On the contrary, even if you change the base of a published sequence by more than 50%, all its functions have not changed, and you still can't apply for a patent.
It's complicated to apply for patents on genes and protein. It is best to entrust a formal patent agent to assist in handling, especially a patent agent with a background in modern molecular biology technology.