Based On The Scope Of The Patents Identified In A Comparative Study

As the topic suggests, this thesis mainly study on the subject of confirming theextent of claim for the gene patent application. It consists of 6 sections.Section One defines the concepts of gene technology as well as the types andfeatures of the inventions in the field of gene technology. The necessity and importanceof comparative study on the description requirments of specification and claim in thecourse of confirming the extent of claim for the gene patent application were addressed.Sections Two to Four look into the practices of examination and judicatory on thedescription requirments of specification and claim of the gene application in the US,European, and Japan respectively. It is concluded that the practice in US is beneficial tothe patentee, nearly same attitude in European, but stricter requirments are asked inJapan.Section Five analyses comparatively the opinions regarding typical issues whichare existed in the examination practise on the specification and claim of the gene patentapplication among US, European, and Japan. The possible reasons of these opinions areanalysed.Section Six provides the conclusion of the thesis. Practicable suggestions ofChinese examination practice and judicial provision are also provided.