Comparative Study On Gene Patent Object Law Problem

With the development of biotechnology worldwide, all countries are enhancing the establishment of legislation and regulation for bio‐related gene tic technology. In first part, Gene‐related background knowledge and concepts are outlined which leads to the introduction of genetic technology and gene patents, stressing the importance and the significant impact brought by genetic technology and gene patents and paving the way for the further discussion in the following parts. The second part focuses on the scope of gene patent objects under the protection of patent laws. By comparison with the relevant provisions of the United States, Europe, Japan and China, it sums up the category and the scope of patentable objects. In part Three, under the premise of granting gene patents, further discussions are presented on the topic of constraint conditions for gene patents——the limitations of gene patent. Combined with the relevant international conventions and national laws, analysis of gene patent restrictions and regulation are given. The last part is based on a comparative study on the development trend of the gene patent laws in the countries of the United States, Europe and Japan. Taking consideration of the current situation of China gene patent legislation, it an alyzes the shortcomings and deficiencies of the current laws and regulations in the aspects of gene patent legislation and regulating, and makes specific legislative recommendations.