Virus And Patentability: Few Questions To The Expert

In this period when everyone is talking about viruses, but also about vaccines, medicaments and so on we have addressed a few (simple) questions to Cherry Zhou, patent attorney at HFG, in relation to patents and viruses.

Can genetic sequence of a new virus be patented in China?

CZ: The gene of a new virus itself, defined by its nucleotide sequence, cannot be patented in China, since the gene merely is found in the nature and existing in its natural state without providing any industrial utilization, so that it will fall into the unallowable category as recited in Article 25, i.e., "scientific discovery".

However, a gene and the process to obtain it thereof, can be the subject matter of patent protection if it is isolated or extracted from the nature for the first time, and its sequence can be definitely characterized, and it can be exploited industrially.