Obviousness is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not issue if the invention is trivial.
While the earliest C. megalodon remains were reported from late Oligocene strata, around 28 million years old, a more reliable date for the origin of the species is the early Miocene, about 23 million years ago.
There is only one known species of the dinosaur: Giganotosaurus carolinii. It lived from 99.6 to 97 million years ago, during the early Cenomanian stage of the Late Cretaceous Period, or about about 30 million years before T. rex. First described in a 1995 study in the journal Nature, Giganotosaurus was, at the time, thought to be the largest carnivorous dinosaur.