Study On Utility Of Gene Patent

The issue of gene patents’ utility is rooted in the development of gene technology,the Patent Office and the courts generally more focus on the novelty andinventiveness of patent’s three characteristics, they used to think that practicaljudgment is simple and easy, but more and more Gene patent application areincreasing people’s concern. The first country to face this issue was America who wasconsidered as the most development country in the field of gene technology. Since the1960s involved gene patent applications have begun to emerge, to the21st centurywhich is called the century of life science, the United States’ gene practical standardhas experienced many changes to adapt to the social development. In the recent tenyears, our country also appeared the gene patent application, similar to the UnitedStates we also need to reconsider about the practical standard, however, our genepatents of practical standard question has just entered the scholars’ view, relatedresearch has just started, there is still a long way to go.Our country has not set practical standard for gene patent yet, but with all otherinvention patent unified standard of utility. Therefore many people think we shouldreduce our country’s practical gene patents censorship standards, and internationalstandards; There are also people who believe in order to effectively protect thefledgling domestic biotechnology industry, to resist the "enclosure movement" ofdeveloped countries, we must improve the practicability of gene patent examinationstandard in our country. The author thinks that simply discuss the resulting standardhas no practical consequences, we should combine many factors analysis to get thecorrect conclusion. This article is divided into three parts: introduction, text and epilogue, Thethesis includes five chapters.Chapter I mainly introduced the concept of genes and gene patentsand the meaning of gene patents’ utility and some related concepts.Chapter II expounds the theoretical basis of patent practical, analyzed the differencesbetween the gene patents and traditional field of patents, start from the generalprinciples of determining gene patents practicality then introduce the specialrequirements of utility for gene patents.Chapter III expounds the current situation of the development of genetechnology and the patent in our country, and analyzes the current existing problemsof gene patent utility.Chapter IV is mainly to sort out the procedure of the establishment for the utilityof American Gene Patent. It sums up that the patent system should commensuratewith the level of science and technology, and the utility should not be invariable. Atthe same time, the related system of Japan and EU seeks the influence which theInternational coordination of the utility made in our nation by extracting thecoordination and unity which the American, Japanese and European Patent Officesworked together for Gene Patent.Chapter V analyses the development situation of gene technology in China andgives some suggestions to the establishment and perfection of utility of Gene Patent.The aim of patent system is not only to protect the patentees, but also to seek theeffective balance between the interests of patentees and the interests of public. Thus, itis necessary to inquiry into the utility of Gene Patent roundly and carefully,recommend and summarize the beneficial experience of the the development of geneindustry and the standards for utility investigation in the developed countries, for theexpectation of making a bit of effect on the establishment and perfection of utility ofGene Patent in China.