Which of the following are not an invention and should not be patented?
A
Genes
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B
Microorganisms
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C
Cells
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D
All of the above
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Solution
The correct option is D All of the above A patent gives the owner the right to exclude others from using the invention. Three conditions for an invention to be patentable:
(1) It must be new and useful
(2) It must involve an inventive step
(3) It must be capable of industrial application.
Since genes, microorganisms and cells are not an invention and therefore should not be patented.