The Research On Patent Protection Of Genetic Technology

Based on the genetic technology, the modern biotechnology has brought hopes for resolving a series of problem such as disease treatment, food deficit, environment pollution and energy shortage. This will influence the future economy a lot. The modern biotechnology has become the key technology related to a nation's prospect. Patent system is one of the strong engine for pushing science and technology innovation and development. But being different from the traditional industry technology, the particularity of the genetic technology has challenged the patent system. Arguments on the question"How to protect the genetic technology by patent?"have been accompanying by the development of the genetic technology. The speed growth of the genetic technology makes the patent protection more difficult. The patent protection for the genetic technology has become focus of the law field and the public. One of these focus is gene sequence. Actually gene sequence is not an invention but a special scientific discovery. However, with novelty, inventiveness and utility it should be awarded patent right. Also, because of its great economic and social benefit, the patent protection of gene sequence is useful to the progress of both science and society.Chinese patent law prescribes that varieties of animals and plants are not belong to protected objects. But owing to the appearance of genetic technology, the varieties of animals and plants are also creative labor production. It is reasonable that they also should be protected by patent if in accordance with novelty, creativity and practicability of patent law. In addition, gene resources is limited. Many developed countries are taking all measures to apply for patents in the range of the world. They are even robbing gene resources of developing countries openly. So we should study the experiences of advanced legislation and perfect patent law as soon as possible in order to protect gene technology and biology resources of China. Also the author thought the present patent law also should be adapted in accordance with the gene technology itself characteristic and development. It is of great necessity that the authority takes legislation measures to moderately enhance the gene technology patent standard, suitably supplement the patent law principle, strengthen the gene resources conservation and improve the genetic technology patent protection unceasingly.