If I follow conventional techniques and assemble a CP genome with annotation, then is it patentable? The Cp genome is the first of its kind and before our assembly, no one did that, and there is no data in the NCBI GenBank or other INSDC servers.
We used the conventional methods with high intensity.
The plant is an endangered plant, this Cp genome will help its identification, DNA barcoding, and CP genome engineering in future.
This invention will also help to lay a detailed conservation plan with accurate identification to safeguard this threatened species.
We plan not to submit it in the NCBI GenBank and publish the work before its patent.
Please help. Thanks.
No, you cannot because you did not invent it. If, however, you made modifications to it that change its properties to make it more useful (e. g. biotechnologically), you could patent it. This evolved historically, an example can be found at https://medlineplus.gov/genetics/understanding/testing/genepatents/ :
"On June 13, 2013, in the case of the Association for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court of the United States ruled that human genes cannot be patented in the U.S. because DNA is a "product of nature." The Court decided that because nothing new is created when discovering a gene, there is no intellectual property to protect, so patents cannot be granted. Prior to this ruling, more than 4,300 human genes were patented. The Supreme Court's decision invalidated those gene patents, making the genes accessible for research and for commercial genetic testing."