Patent Law Protection On Gene Technology

Biological economy plays an important role I n the development of the 21 century .Those in the art place of this field will gain more opportunities to grow stronger. It will promote the development of Technology and society greatly by using the Patent Law to protect genetic technology. But it also cause some questions .Based on the analysis of the relate regulation of the main countries in the world, the paper makes a study of some basic spots in the protection of genetic technology , and gives some suggestions to the building of our legal system on this issue.The text of this thesis is divided into five chapters. Chapter 1 mainly introduce the knowledge of genetic technology, including content of gene, methods of genetic technology , the origin and the development process of patent law protection on genetic technology, so as to make it easy to discuss the problem of patent law protection on genetic technology in the next paragraph.Chapter 2 introduces disputes about patent law protection on genetic technology. It includes the dispute of the genetic technology and objects patent right, the dispute of patent law protection on genetic technology and distribution of interests, and the last part is the author's conclusion.Chapter3 is about the objects relating to patent law protection of genetic technology. By making a comparison research on the regulations of USA, EU and Japan, the thesis discuss completely about the objects relating to patent law protection of genetic technology.Chapter 4 is about the requirement for grant of patent right of genetic technology .In this part, the thesis first introduces those of developed nations, and then introduce requirements of China.The last chapter talks about China's current situations of the achievements and development of the gene technology and gives some suggestions on Chinese legal system, which is based on research Of the necessity and the defect of genet technology protection system in China, including strengthening the legislation, consummating our country's laws and regulations unceasingly; profiting from the developed country the advanced experience, enlarging the policy, funding invested dynamics, strengthening with the developing country gene technology protection international cooperation.