Patentability Of Genetic Engineering Technology

Genetic engineering technology, which is also known as transgenic technologyor genetic recombination technology. With the continuous exploration of mystery oflife, the genetic engineering technology is also developing continuously withunprecedented speed, and then promoting the development of agricultural production,medical and health care, food industry and others. Therefore, many countries arestimulating the further development of genetic engineering technology throughincreasing the research investment and setting up relevant incentive system as wellas other methods. The patent system is precisely one kind of these incentive system.The patent system originated in the13th or14th century in Europe, over onehundred countries around the world have set up integrated patent system so far.Some countries protected the inventions about genetic engineering technology in thepatent law. Though, there are some differences in the provisions on patentability ofdifferent technology in《Guideline for examination》by the Patent Office in countriessuch as Europe,America, Japan and so on. Besides, different provisions oncensorship of patent examination about the biological technology invention are givenin these countries.This article is based on the current situation of the development of geneticengineering technology. By comparing with the provisions of patentability of geneticengineering technology inventions in United States, Japan, European countries, andthen analyzing the relevant judicial precedent, combining with the reality of ourcountry, the existing provisions of the Patentability of genetic engineeringtechnology inventions are appraised, then some reasonable suggestions are alsoproposed.