On The Gene Technology Patent Law Protection

Genetic technology, as a newly-emerged technology, has been carrying great impactson the world as a whole. The achievement of genetic technology should be protectedby laws. Patent law protection will greatly promote the science and genetic economydevelopment. However, patent law protection also causes lots of questions andinitiates bitter disputes. By researching some fields on patent law protection of genetictechnology, the document gives some suggestions to the building of our legal systemon this issue.The text of this thesis is divided into five chapters. Chapter 1 mainly introduce theknowledge of genetic technology, including content of gene, methods of genetictechnology ,as well as its development process and impacts, so as to make thetechnology clearly understand and facilitate the discuss in the ensuing paragraph.Chapter 2 introduce disputes about patent law protection on genetic technology.Firstly introduce the origin and development of the system. Then the disputes about it,which includes the issues involved, the viewpoints of all parts, and the author'sconclusion.Chapter 3 is about the objects patent right. By making a comparison research on theregulations of USA, EU and Japan, the thesis discuss completely about the objectsrelating to patent law protection of genetic technology.Chapter 4 is about the requirements for grant of patent right of genetic technology.By introducing those of developed nations, the thesis then discuss requirements inChina.The last chapter is the suggestion on Chinese legal system, which is based on researchof the necessity and the defect of genetic technology protection system in China. Theauthor gives two suggestions, one is introducing patent law system for genetictechnology , the other is establishing proper and detailed patent censor criterion.