In response to question two the ECJ states, "Accordingly, in so far as the Directive does not accord protection to a patented DNA sequence which is not able to perform its function, the provision interpreted precludes the national legislature from granting absolute protection to a patented DNA sequence as such, regardless of whether it performs its function in the material containing it. The answer to the second question is therefore that Article 9 of the Directive effects an exhaustive harmonisation of the protection it confers, with the result that it precludes the national patent legislation from offering absolute protection to the patented product as such, regardless of whether it performs its function in the material containing it." at [62-63]
