Research On Patent Protection Of Human Gene

Since Clark and Watson discovered the double helix structure of DNA, the nature of the gene had began to unravel its mystery. Whether the human genes should be protected by the patent law has become an important question, especially with the development of the life sciences and technology of the20th century and the finishment of the map of the human genome sequence. On the view of the development of the patent history, the debate on human gene patents is involved in the most extensive duration and lasts longest. For our part, China has participated in the Human Genome Project, which shows that we are in the world advanced level in certain aspects of genetic research and industrial strength. But from the overall point of view, China still has a long way to go, comparing with the United States, Japan, Europe and the other developed countries and regionsthere. Therefore, the study of the human gene patent protection has a very important theoretical and practical significance.This article consists of five parts. The first part is about the basic knowledge of the human gene, which introduces the concepts and properties of the human gene. The second part describes the controversy of the human gene patent, introduces the dispute that whether the human gene belongs to invention or discovery and discusses the relationship between the human gene patent and the moral and public health. The third section describes the conditions of human genetic patents and the subject of human genetic patents. The fourth section describes the status of the major developed countries and regions in the human genome patent protection,including the United States, Europe and Japan. The fifth part is about the status of China’s human gene patent protection, the shortcomings and legislative proposals.