I agree. I think you could patent a process for molecular cloning but specific gene sequences should not be patentable. The most they should be able to hope for is naming their construct, imo. In theory, any gene sequence could naturally occur through mutation and then it would be difficult to tell which one is the original patented gene, but I think things like sequence context could be used to probably identify the patented gene. Though, it would be highly improbable that a Monsanto gene suddenly cropped up into existence through random mutation in a corn plant... Furthermore, lateral gene transfer occurs naturally in nature, so if my plants get a monsanto gene for bug resistance, fuck them for making a product that likes to be a form of freeware. That's like some guy making an artificial rainstorm during a drought and charging me for water when his clouds blow over my field.