Yes - But I think where it gets confusing is the expectation that patent approval will prove that the test is effective.
We're also confusing the granting of FDA EUA and FDA approval, which I think are two different things. Not sure tho...
Ultimately, the best case scenario is a patent with FDA EUA and approval, although I think approval takes years.
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On a different note, I don't think NNLX has to give exclusive licensing for the test. It is a good option to have non-exclusive licensing, so any company that wants to manufacture and market can do so, worldwide. This would be the fastest way to get NNLX tech to the masses.