Gene Patentability Research

Since the mysteries of modern biotechnology of human genetic has beenuncovered, gene is the focus of public opinion, and the discussion of gene has beencontinued. Biological technology make a great impact to the traditional intellectualproperty rights, especially the patent system. The nature of the patent system is in orderto promote science and technology innovation, Balancing the interests of the patenteeand the public. Because of its specificity gene patent protection has been a controversialissue. The article improve advancing research on traditional discussion about patentobject and discussion about novelty,inventiveness and utility to the deep-seated stageon how to balance relative benefit of aspects and how to adjust and restrict gene patent.Tabling a proposal to the legislation of the gene patent of our country by using newdates, especially examples, and learning lessons from other countries whose geneintellectual property legislation is advanced.This paper is divided into five partsPartⅠis preface. It begins with some concepts of the gene, and then talked aboutthe development of gene industries, as well as the significance of industry and academicresearch on gene patents. While similar topics at home and abroad are summarized, andraised controversial issues.PartⅡis about controversy caused by the Myriad case. This section start from2011Myriad case of concern, described different attitudes and practices of the case in theUnited States and Europe, lead to genetic patentability.Part Ⅲ is about whether the gene is the object of the patent law. From theevolution of gene patent object to the traditional "invention" and "discovery" debate,on whether genes can be the object of patent has made a detailed description on thispaper.Part Ⅳ is about Analysis of the elements of gene patent. This chapter is dividedinto three sections. It’s about “novelty”,“inventiveness” and “utility”. The firstsection, from the definition of "novelty", combined with the examples about the specialcases of "novelty", Points out the gene which has been collected into gene library doesnot lose its novelty definitely. The carding of the " inventiveness " of gene patent in thesecond quarter review the changes of the standard. The third section discusses the"utility" judgment about the EST. PartⅤ is about the thinking and suggestion of the gene patent legislation in ourcountry. This chapter is divided into two sections. The first section mainly introducesthe development trend of developed countries on gene patent law. The second sectionintroduce the advantages and disadvantages of the current patent law in our country, andthen puts forward the Suggestions to patent legislation of our country, Mainly playeddown the controversy of genes are "invention" or "discovery", At the appropriate timeto give "discovery" patent protection. Amending patent law to establishing system ofdisclosing the source of genetic resources. Pay attention to establishing system ofbenefit share of gene patent. Perfect the regulation of gene patent, in case of obstacles tothe development of science and technology.