Yes. A competitor would get a cease and desist letter. If they ignored the letter and a patent was never issued, KBLB couldn’t do anything about the matter.
Yes. If the patent was awarded, a lawsuit would be filed. The success or failure of the lawsuit would depend on the patent and the nature of the competitors product.
Remember: not all patent applications are successful. Not all infringement suits are successful. Right now, all KBLB could do if someone else began to produce spider silk in silkworms would be to send a letter. Sharply worded, I’m sure.
In stating that KBLB has patent protection, Thompson is implying they have a patent. They don’t. That is the deceptive nature of today’s PR.
KBLB has a long history of unsuccessful patent applications. Competitors may not be terribly concerned.