Thumb Rule:
Anything Novel Synthetic is Patentable. Natural isn’t as comes under ambit of Discoverable.
But when it comes to gain-of-function researches & kindred inventions, I strongly believe that they must be prosecuted as equalled to an invention kindred to Atomic Energy. Alike S.4 of IPA or S.20 of Atomic Energy Act or U.S.C. S.181 etc., wherein any invention is bound to be scrutinized by respective Government & if so found related to, could be withheld or restricted for publishing or grant or is transferred instantly. Thence, similarly, if & when any Patent kindred to gain-of-function research is ever filed, the said member nation must adhere to similar provisions as mentioned supra w.r.t. Atomic Energy, before reaching at the International Filing Process via Paris Convention or Direct (as already elucidated in detail in my previous blog).
If gain-of-function researches mutate functionality rather been restricted to user or target type, (which could become uncontrollable), & further any subsequent process or product kindred to it, if invented, then that must be prosecuted as elucidated above. This is My Opinion. 🙂
© Pranav Chaturvedi
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