Is a patent on a DNA marker possible?
The process of introgression is not patentable. Introgression is crossing of genomes, and a natural biological process. Normal crossing and selection is not patentable under the EU patent directive for the protection of biotechnological inventions, being essentially biological processes for the production of animals (article 4.1.b and article 2.2).
However, introgression may be used to move a gene inserted by genetic modification into an animal. If a certain animal is subject of a patent, than his/her offspring is also subject of the patent, both from introgression as well as from crossing.
However, introgression may be used to move a gene inserted by genetic modification into an animal. If a certain animal is subject of a patent, than his/her offspring is also subject of the patent, both from introgression as well as from crossing.
