On The Patent Protection Of Gene Sequences

Nowadays, genetic engineering is applied generally in the fields of agriculture, pharmaceutical industry, medicine, energy, environment protection, which makes gene industry spring up. And to study and get useful gene sequences is the basis of gene industry. So many countries have regarded the study of gene sequences as strategic emphasis. However, it is not far enough for the study of gene sequences that needs plenty of money to just depend on the investation of the administration. Therefore, it is necessary to utilize patent system to attract enough civil finance to support gene research. Then, the problem of the patent protection of gene sequences appears.Because gene sequences containing life information are different from ordinary chemical, there are many controversies on the potent protection of gene sequences, for example, are gene sequences invention or discovery? Whether does the patent of gene sequences violate ethic? How to judge the "novelty", " inventiveness", and "utility" of gene sequences patent?There are three opinions on the question that gene sequences are invention or discovery. Some people believe that gene sequences separated from creature still belong to natural substance, they shouldn't be protected by the patent law because they aren't invention but discovery. However, the others think it is creative work to obtain gene sequences purified , which should be invention. The third point doesn't answer...