Research On The Patent Protection Of Human Gene Technology In Our Country

The 21 century is the time of biological technology, so China must hold the superiority in this field if it wants to hold the position in the international politics and economy. Right now, many developed countries are competing to capture the limit resources of human gene. They occupy the gene technology through patent, which makes the gene technology owner monopoly the gene's application domain.In this background, this paper elaborates the value of the human gene and the necessity of protection using the Patent law after introducing what is the gene and the gene technology. In the chapter 2, the author discusses the patentability of the human gene. Firstly, discusses the negative conditions of patent, that is "the attribute of the gene technology is discovery or invention" and "whether the patent application of human gene is contradictory with the standards of public order or morality". Secondly, discusses the positive conditions, that is the inventiveness, the utility and the novelty. Finally the author get the conclusion that the attribute of human gene technology is invention, and the patent application of human gene is not contradictory with the standards of public order or morality and tallies with the standards of the inventiveness, the utility and the novelty, so the author think it should be awarded the patent. In the chapter 3, the author analyzes four questions: how to draw up the standards of the human gene technology's investigation; how to protect the resources of our country's gene; how to share between the gene owners and the researchers; how to protect the privacy of gene owners. In this chapter, the author lists some international principles and acts, from which can be drawn lessons. The chapter 4 is the solution aim at the chapter 3. At first, the author puts forward the suggestion of herself: give the different protection time limit aim at the different inventions. And then, the author puts forward the suggestion aim at the standards of the human gene technology's investigation, the resources protection, and protection of the gene owners' rights: make the standards of inventiveness, utility and novelty detailed; draw lessons from international model to protect our country's gene; the gene owners should possess certain interest but not patent rights; found the gene privacy right to protect the owners' privacy.