Research On The Patent Protections Of Gene Sequences And Related Issues

Life science and biotechnology are one of the most active fields in the current science and technology innovation. The biological economy guided by the life science and biotechnology will cause the profound global changes in the economic structure and significant adjustment of pattern of interests.Our biotechnology develops quickly.The innovation is active. In each high-tech domain, biotechnology is one of the field that is most hopeful to achieve leapfrog development in our country. "National long-term scientific and technological development program outline" has listed biotechnology as strategic focus of science and technology development in the coming fifteen years.Along with rapid development of biotechnology, the related patent claims and authorized quantities also increase year by year. However,the rapid expand of biotechnology patent authorization has not changed the related fierce argument. Can actually the biological technology award the patent, which biological technology can award the patent and so on have been the topic which the scholar debates unceasingly. The article launches a discussion,in view of an aspect in the biotechnology.That is patent protection of gene sequences.The thesis consists of three chapters. The first chapter starting from the brief introduction of gene and gene technical background knowledge and traditional patent system' s basic theories discusses the nature of the gene sequences. Then should gene sequences belong to discovery to remove beside the patent protection, or should it belong to invention to have the patentability? The author affirms that all isolated gene sequences are "simplified version" separated by man. The so-called "gene patent" can and should be patentable. The discussion is identification of the three characteristics of the gene patent.The second chapter discusses the gene patent protection involving the ethical and moral issues. The author believes we should retain conscience clause in the process of the patent examination through inspection of the ethical and moral controversy causing by the gene patent protection. That is ,in the judgment of the DNA sequences' patentablity, the ethical and moral examination is necessary. Then we can give ethical and moral principle which the construction of gene patent protection should follow.In the third chapter, the author lays emphasis on the discussion that how to balance interests of the gene patent protection. The interest caused by gene patent protection is increasingly out of balance to become a problem that the society pays attention to extensively. The author disscusses thoroughly from the angle of jurisprudence, the patent law and the international law, pointing out it does not have barriers theoretically to share the interest of the gene patent achievements. And the author makes comparison to the pros and cons of interest-sharing mode.