The exploitation and utilization of patentable inventions based on genetic resources (GRs) and traditional knowledge is a major concern for innovators, who are encouraged to incorporate the issues raised by the Convention on Biological Diversity (CBD) and the Nagoya Protocol into their intellectual property strategy. Marine resources present a unique case due to the specific territorial fragmentation of territorial waters and the potential movement of these resources across different maritime zones, most of which cannot be claimed by any particular state. This article summarizes the situation concerning the use of marine genetic resources and presents key elements of the High Seas Treaty (Marine Biodiversity of Areas beyond National “BBNJ” Agreement”), which echoes the principles of the CBD and the Nagoya Protocol for marine resources by covering the protection of the oceans outside the exclusive economic zones (EEZs) and continental shelves of coastal state. It will also discuss challenges to be addressed upon its entry into force, taking into account future rules regarding the disclosure of resources in patent applications and the issues related to the use of digitized sequences.