| At present, among the countries in the world that practice patent systems, only few of them, such as America, Australia, give patent protection to medical methods. The others, on the contrary, do not give patent protection to them, considering social ethic and humanitarianism. However, with the rapid development of biotechnology, high-tech biology medical methods, including gene medical methods, reincarnate medical methods and nano-medical methods, which have tremendous market potential, attract high attention by the world. Even some countries have already adopted the practical action. Japan, for example, has already offered patent protection to cutting-edge medical technology including gene medical methods and reincarnate medical methods etc. Our country also faces the same problem whether to give the patent protection to medical methods and how. First, this paper studies the modes of some representative countries and regions, such as America, Europe Union, Japan and Australia. Second, from three aspects that are social ethic or humanitarianism, whether the medical methods belong to the industry category, and utility, it discusses the obstacle to give patent protection to medical methods and medical methods'patentability. Next, it analyses the medical technology strength of our country from two typical aspects, which are the Traditional Chinese Medicine medical technology and bio-medical technology, including gene medical methods, reincarnate medical methods and nano-medical methods. Last, it discusses the necessity of giving patent protection to medical methods and the limitation of actual patent law in our country on the base of preceding research and suggests that the actual patent law should not exclude all medical methods'patentability, at least the cutting-edge bio-medical technology should be given patent protection and stipulate infringement exemption in a certain extent and compulsive implementation, and consummate the relative measures of insurance for medical care.
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