Patent Protection For Transgenic Technology

The 21st century is called "Biotechnology Century". Based on the transgenic technology, the modern biotechnology has brought hopes for resolving a series of problem such as disease treatment, food deficit, environment pollution and energy shortage. This will influence the future economy a lot. The modern biotechnology has become the key technology related to a nation's prospect. Patent system is one of the strong engine for pushing science & technology innovation and development. Temporary technique monopolization protected by patents has become the main reason for the development of the transgenic technology. But being different from the traditional industry technology, the particularity of the transgenic technology has challenged the patent system. Arguments on the question "How to protect the transgenic technology by patent" have been accompanying by the development of the transgenic technology. The speed growth of the transgenic technology makes the patent protection more difficult. The patent protection for the transgenic technology has become focus of the law field and the public. In this thesis, comparison method is used to comparing the patent theory and practice of China with those of the USA, Japan and Europe, discussing the patent protection situation and the substantive requirements for the grant of patents. In the end, some advices are given to our country's patent protection system for the transgenic technology.This thesis consists of three chapters.Chapter One: Patent protection situation of the transgenic technology. This chapter consists of three sections. The first section is the transgenic technology outline. As the technology base of the thesis, this section mainly introduces concepts, benefits and the safety of the transgenic technology. The second and the third sections discuss whether the transgenic technology is under the patent protection or not in our country and overseas, find out the difference between our country and the USA, Japan and Europe.Chapter two: Patent substantive requirements for the transgenic technology. This chapter consists of three sections which discuss three patent substantive requirements(utility, novelty, invent step) both in general and for the transgenic technology.In the section of utility, firstly, the substance of the utility requirement and the general condition of the utility standard in the USA, Japan, Europe and China are explicated. Secondly, regarding the USA as the example, this section illustrates what the developed countries and area have done to regulate the utility standard for the sake of facing the challenge of the utility examination of the transgenic technology invent. Finally, the rule for the utility of the transgenic technology in our country is analyzed and the author suggests that we use the USA's utility standard for reference to make our standard highly.In the section of novelty, at first, the core of the novelty, general novelty standard and the rule of novelty are discussed. Then the particularity of the novelty examination for the transgenic technology and some sorts of transgenic technology invents' novelty examination are researched.In the section of invent step, after the discussing of the general issue of invent step, the particularity of the invent step examination for the transgenic technology and some sorts of transgenic technology invents' invent step examination are researched mainly.Chapter three: Suggestions on the patent protection of the transgenic technology. Based on the former chapters' research, the author suggests that transgenic organisms should be patentable in the first section. In the second section, concrete suggestions on the patent substantive requirements for the transgenic technology are made.