Study On The Protection Of Bio-technology Patent In The Field Of Medical

The rapid development of biotechnology caused widespread concern in the international community, especially in the biomedical. Biomedical as a high technology-intensive area, many technological achievements urgently need the protection of intellectual property rights, especially patent. Biotechnology patents poses a severe test of the traditional patent system. So far, considerable controversy exists as to what can be granted a patent right in the field of medical biotechnology, such as human genome, cloning, the patentability of transgenic animals. Neither the patent law make some relevant provisions, the government and the market did not form the table trading rules and systems. Due to the rapid development of biotechnology, the solution of these problems is so imminent.The paper make a deeply research about biotechnology patent from the following four aspects.The first chapter is about the theoretical basis of medical biotechnology patent protection. This chapter is divided into three sections. Firstly introduced the related concepts of biotechnology.Then introduce biotechnology characteristics to explain the importance of patent protection to biotechnology, and analyze the impact of biotechnology patents of traditional patent law. Finally To explore the distribution of benefits between the parties of biotechnology patents.The second part introduce the world’s domestic patent protection of biotechnology Introduced the modes of protection and conservation status of biotechnology in this countries, such as United States, the European Union, Japan and China.The third part, make a study of patentable subject matter as well as authorization standards in medical biotechnology. Firstly introduced a worldwide consensus about patentable subject matte in the field of biomedical. Then made a brief introduction to the history of the development of patentable subject matter. Finally, comparative analysis on the medical field of biotechnology patent licensing standards with the traditional patent sexual. In the last part, discuss about the current status and future of medical biotechnology patent.According to the current situation of China’s bio-pharmaceutical patent development, combined with foreign experience, and from government policies, legislation, and the patent system construction, make comments and suggestions on the development of biomedical patents in China.