If a patentee actually expresses recombinant gene-X in organism-A does that give him the right to also claim this gene-X in other organisms?
All other organisms? If not how broadly? Too broad sounds unfair: Just because you successfully expressed said gene-X in organism-A does not mean expressing it in organism-B is a task of trivial difficulty.
e.g. If I insert a gene into one bacterium do I get to claim the patent over all bacteria?
I know patents are messy and there's probably a lot of case by case variation. But are there any general principles here?
e.g. Are there past examples of one Biotech Company expressing a foreign gene via organism-A to sell a metabolite and another Company also expressing the same gene via organism-B?