The Relationship Between The Practical Standard For Gene Patent And The Gene Industry

With the progress of science and technology,the time between the understanding and use of the natural law is gradually shortened in the field of gene. A new discovery can be immediately applied to the industry and transformed into productivity. Gene area is high-tech field, the inventions are one after another, and technology changes rapidly. Genentech are increasingly inclined to seek patent protection for the results of their research. Giving gene patents is the same to granting other kind patents. The technical program granted with patent must be practical.Gene technology is now playing an increasingly important role in economic development and social progress. Gene Technology has shown a remarkable potential for this. After the implementation of the Human Genome Project, Countries around the world recognize the importance of gene technology and the standards of the practicability of gene patents are lowering especially such big countries as Europe and America.There are a lot of people in China who think we should lower our standards for gene patent utility in order to be the same with other countries and to promote the development of China's genes industry. This article analyze the relationship between the practical standard for gene patents and the gene industry development with the process of genetic industrial development and the process of change of practical standard of gene patent in the United States, the European Union and Japan ; and also analyze the stake of the international integration of gene practical standard. The paper looks forward to be a modest role for the practice of gene patenting in China.This paper is divided into four parts:In the first part, I illustrate the features of the field of gene technology.In the second part, I illustrate the content and basic theory of the patent's utility and analyze the definition and substance of utility. Then discuss the basic theories of gene patent utility.In the third part I heckle the process of genetic industrial development and the process of change of practical standard of gene patent in the United States, the European Union and Japan, and explain the relationship between the practical standard for gene patents and the gene industry development, and assess the international integration of gene practical standard. In the fourth part I want to give some suggestions for our country。Firstly, I illustrate the status gene technology and gene Industries in our country nowadays then consider a stricter standard for gene patent utility is needed in our country.The fifth part is a conclusion.