Naturally occurring substances made of amino acids cannot be patented.
"If it's a naturally occurring substance, especially if it's made up of amino acids, they cannot patent it." (said at 0:52:19)
Under patent law (such as 35 U.S.C. § 101 in the United States and international equivalents), naturally occurring substances, natural phenomena, and products of nature are not patent-eligible as composition-of-matter claims in their unmodified, native state. However, amino acid–based molecules (such as peptides and proteins) are subject to the same standard 'product of nature' doctrine as any other biological entity (such as nucleic acids or metabolites), not a distinct or stricter standard. Furthermore, while an unmodified naturally occurring peptide sequence cannot be patented per se, pharmaceutical companies routinely obtain patents on synthetic analogues, chemically modified peptide derivatives, specific formulations, and novel methods of medical use or therapeutic treatment involving naturally occurring substances.
- supports: Patent controversies and court cases (Cancer Biology & Therapy 2012)
"The only exceptions to patenting an invention are abstract ideas, laws of nature and natural phenomena, although the exceptions vary depending on countries where moral, public order or human rights considerations are also taken into account." (abstract, passage verified)
openalexfull study (doi) - context: Sorry you asked? Mayo, Myriad, and the battles over patent-eligibility (Journal of Law and the Biosciences 2024)
"Those decisions struck down claims to methods based on ‘laws of nature’ (Mayo) and DNA molecules corresponding to sequences found in nature (Myriad)." (abstract, passage verified)
openalexfull study (doi)