Genes can be manufactured as well as discovered. If I analyzed all of the residues of a certain protein, I could make modifications here and there in the DNA to make a better protein with none of the shortcomings. People have done that to make bacterial enzymes usable in detergent where the pH would otherwise destroy them. Synthetic DNA would be totally fine with me.
But isolating genes found in nature is laughable. I could do that for a master's thesis but I don't think I'd expect to get paid for it XD. It would be terrible if all the different mutations responsible for cystic fibrosis were to be owned by different companies, so in order to develop a genetic screening test you had to get licensing from all of them. So even these patents do incentivize research and development, it'll probably add up to a lot of inefficiency and underutilization on the market.