A Study Of U.S. Gene Patent System And Lessons From American Experience To China

Since American court confirmed gene's patentability by prejudication in 1980, the gene industry has developed quickly, and the quantity of application also increased continuously. However, the gene patent leads to considerable social problems related to moral, ethic, economy and law, so the protection of gene technology has become another focus followed by the intellective property protection of digital technology in various countries. Under this background, the project systematically analyzed the gene patent system of America whose gene technology is the most advanced. And based on the analysis of a series of problems related to American system in terms of technology, economy and law, this project concentrated attention on the actual system of Chinese gene patent in order to provide a reference to Chinese legislation and judicial practice, so that it may promote the development of gene technology and perfect gene legislation. In this project, according to introduce the application of gene and correlative technology in regard of medical treatment, chemical industry and agriculture, it analyzed the importance of gene for social and human development. Then, the project discussed the feasibility that commercial secret protected gene technology and the relationship between commercial secret and exclusive law. It maintained that it was necessary to protect gene patent in term of legal and economy.Nowadays, America is the most successful country on the development of gene technological industry all over the world, whose advantages are worthy of learning. Because gene technological industry pays much attention to technological grasp and application, this project focused on American patent system of gene technology. In according with the analysis of American gene patent system in terms of patent object, creativity examination and practicality examination, it anatomized economic and legal factors concealed in prejudication and legislation. Based on analysis of patent related to gene sequence, this project discussed standard of patent examination in the process of applying for gene patent. Moreover, it studied how to establish an appropriate standard for gene patent examination. Besides, it also discussed the actual situation that protected to gene technological research in Chinese patent system. According to analysis of Chinese patent system and the reference of American gene patent, it gives some innovative suggestions on how to establish and perfect Chinese gene patent system. In conclusion, gene technology can be the objects of patent; an appropriate patent system can insure the development of gene technology. If the range of gene patent is excessively wide, not only will it embarrass the scientific research of gene but also it will be harmful of public healthy. At present, there is still a gap of gene technology and medicine between China and developed countries such as America, so it is essential to establish a strict examination standard for gene patent in order to restrict the range of gene patent, so that it can balance the benefit between individual and public.