as discussed new uses may be denied product patent protection to the extent that the known product in question fails the novelty test either on the basis of a specific regulation governing novelty in such cases or on the basis of casebycase examination in addition process patent protection may be denied where domestic laws implement a broad exemption from patentability for methods of medical treatment in accordance with article a of the trips agreement variations in the dna sequences of humans can affect how humans develop diseases respond to pathogens chemicals drugs etc