I think the patents there relate to the combination and use of genes, not the genes themselves, so it's not. The famous case about that didn't actually hinge o

I think the patents there relate to the combination and use of genes, not the genes themselves, so it's not. The famous case about that didn't actually hinge on whether GM crops had turned up on a farm unexpectedly, but on whether the farmer had then deliberately selected seed from the GM plants to replant the next year's crop.