Study Of The Practicality Of Standards For Gene Patents

The rapid development of gene technology, which is characterized by the burgeoning of DNA sequencing, DNA recombinant technology, transgenic technology, clone technology, gene diagnosis, gene therapy, gene medicine, gene chip, has a great impact on such ideology fields as sociology, ethnics, jurisprudence and others. At the same time, this development also brings some problems which make it necessary for all the governments to re-scrutinize their respective patent protection systems. As for the great shock to the patent protection system brought by the gene technology, our government hasn't made a prompt response yetIn terms of legislators, the patent protection of gene technology is to determine the scope and condition of protection; while to the inventors, it is whether and how to get maximum protection.This article divides into four parts. This thesis first introduces the utility criterion of patent,then introduces the background knowledge of gene technology and the patent protection status quo of gene technology at present, then by some specific cases in patent applications, the thesis discusses several topics which are highly controversial and without clear provisions. For example, is gene scientific discovery or inventions? Are there patentable subject matters in gene diagnosis and gene therapy?How to establish the utility criterion and the implementing criterion of gene patent ?With these questions, the thesis makes a deep comparison research on TRIPs and situations of gene technology patent protection in the United States, Japan and European countries. Finally, this thesis puts forward some basic principles and specific strategies on the gene technology patent protection in China.The ultimate intention of one country's patent system is to promote the development of this country's economic and science and technology. So the patent legislation of our country should not only conform the trends and rules of international patent protection, more importantly, it should take the factor that China is a developing country into fully consideration. So it should also accommodate with our country's science and technology innovation and industrial...