| As a great Progress of science and technology, genetic technology has touched every corner of Society, Jjicluding the field of law. But what influence on earth did the development of Genetic technology bring about the Protection System of Patent? Should the Positive law adapt itself?This article discussed these questions. Examining the Positive Law, I tried to find out legislate intent hidden in the system.The Whole article comprised six Parts. The first Part Were introduction and background knowledge introduction. The Seconded Part Studied rules about yenetic technology invention themes's exclusion mainly. The third part Studied Genetic technology's Patentability. The fourth Part Studied the necessity for the genetic resources to share in the Profit Within the System of intelluectual Property rights, its feasibility and theoretical basics. The fifth Part Studied the relation between Stucture and function of genetic technology Patent, Pointed that it would bring about some unfairness to apply the technological regulation in the traditional Patent Protection System to it. |