Gene Patents Legal Protection

With the development of science and technology, man has broadened his knowledge about the biological world, himself included, into the field of genes, regarded as genetic codes, which determine all the characters of a creature, including its life. While improving the quality of man's life and living environment, gene technology has been lashing our present concepts and systems, esp. the traditional patent law theory, with the age of mechanic industry as its basis, which encourages us to consider such questions as whether a gene, as an objective chemical substance was invented or discovered; Whether there are any ethical problems in the legal protection for genes an gene technology based on their natural connections with life; What are the prerequisites for gene patent and how to solve the contradictions between eene patent and protection and utilization of gene resources. With the intention to improve modern patent system and accelerate the development of gene science and technology for man's welfare, this article analyzes and gives the limited answer to these questions by studying the basic characters of patent system and its social functions combined with characters of gene technology and viewpoints of and-i-legislation for these questions from different countries in the present world.