Textual Research On The Qualification Of Authorizing A Genetic Technology Patent

People regard the 21^st century as the age of biological economy based on genetic technology,this is a reasonable prediction.The study of Biotechnology have been developping rapidly since the 1980s,especially,the high development of gene technology has led to the emergement of lots of genetic methods and products which are made use of in medical diagnosis,pharmaceutical industry,agriculture,technology,environmental and food science.It shows us wide future application.As the high investment and risk of genetic industry,it needs excitation mechanism to encourage the innovation of genetic technology. Patent law is still the best way to protect genetic technology.Knowledge and technical progress in genetic technology innovation is the core of the patent system.Genetic technology is a field which needs specialized knowledge and the refresh rate of its basal knowledge is swift.How to protect and promote the development of genetic technology through leganorms has become a reality that need to resolve.Compared with the study of genetic technology,the study of patent protection of genetic technology is much weaker,and the dispute exsits in theory and practice.The qualification of authrizing a patent was discussed in this paper.And analysed feasibility of patent protection of genetic technology,by combining with domestic and foreign patent theory and practice,especially the United States and Japan Patent Office's patent censorship.Modern science,technology,economic and other factors of development and changes were also considered in the light of China's practical conditions in genetic technology industry.The paper made a study of the law and regulations on patent protection of genetic technology so as to perfect the related legal system.Also,a comprehensive research was carried out regarding genetic technology and its commercial value,invention or discovery of gene,Knowledge about genetic technology was brieftly introuduced and the differences between scientific findings and scientific inventions were elucidated.Gene belongs to one of scientific findings,however,they can be authorized by patent rights if humanbeings do some innovative work on them.Combining the protection of current patent law on gene patent and the biological traits of gene,the requirements of novelty,inventiveness and utility of gene patent were expounded in detail as to provide some suggestion to the establishment of a more complete and effective protection of technological innovation in the patent system.The protection bound of gene patent was also discussed in this paper.