In this case, patenting the test is not an option -- gene sequencing is the same, no matter what the gene. (There are some patents, involved, but not an issue here.) The only way to patent anything in the process is to "own" the known sequence which you're trying to match (or not).

I agree that being able to patent something naturally occurring is crazy. Especially if it limits further research and affects people's health.

If you've created something -- induced a mutation, for example, that's different.

~ Becky in Tucson