[mcv]

But what about prior art? I understand newly created microorganisms being patentable, but how can you patent something that was already there?

[valarauca1]

Entire sections of the Human Genome are patented, so unlikely.

[damurdock]

Human Genome patents are no longer recognized in the United States of America. https://www.genomeweb.com/clinical-genomics/us-supreme-court...

[hellbanner]

What does that mean? If I have a child with part of that patented code, the "patent owner" could legally extract the DNA?

[damurdock]

Human Genome patents are no longer recognized in the US[0], but my understanding is that they were used to protect genetic tests and treatments. For example, Myriad Genomics held patents against the BRCA genes (which can indicate breast cancer risk) which they used to prevent competitors from creating BRCA-based panels.

[0]: https://www.genomeweb.com/clinical-genomics/us-supreme-court...