Can you patent an existing bacteria without any modifications?

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In reference to the patent: US7244424

wanderingmind

Posted 2015-08-12T23:11:38.673

Reputation: 41

Another related question can be found here: http://patents.stackexchange.com/questions/14278/can-bacteria-be-patented

– zip – 2016-02-27T12:29:03.683

Answers

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You can not patent something that is naturally created. You could patent processes or equipment that is used to raise such. It can not be obvious or described in prior art. You need to demonstrate innovation.

Moti

Posted 2015-08-12T23:11:38.673

Reputation: 173

That's what I thought as well. I was looking at US7244424 which seems to be a patent on a specific genus, species and strain of probiotic bacteria. L. fermentum - how is this possible? – wanderingmind – 2015-08-14T17:32:26.530

1Look at the claims! They claim a process to get the strain. They are not claiming the strain. – Moti – 2015-08-14T17:59:13.040