Study On The Utility Of Gene Patents

Genetic engineering is one of the most rapid development disciplines. Many countries pay attention on the achievement in the gene field. More and more countries protect the achievement in gene field by the patent systems. Granted patents need to meet three requests: the novelty, creation, utility. In the invention of tradition, utility is easily satisfied. But with the development of biotechnology, the utility becomes more and more important in gene patent. In the recent ten years, our country also appeared the applications of gene patent, so we also need to reconsider about the utility.At present, our country has not set the standard of utility for gene patents, and the utility of gene patent is the same as the utility of the invention of tradition. The basic research and the applied research are distinguished by the utility. In the invention of tradition, it is easy to distinguish the basic research and the applied research. But there is no limit between the basic research and the applied research in the field of gene research. So the utility plays an important role in the gene patent.This article is divided into four parts, mainly combining with the practice at home and abroad, especially analyzing the utility in the United States, Europe and Japan, then discussing the utility in our country from the theoretical point of view.The first part mainly introduces the comparative study on the biotechnology patent practices among the United States, Europe and Japan, and puts forward that the utility in the three countries is different.The second part mainly elaborates the utility in the United States, Europe and Japan from three aspects: the first aspect is the procedure of establishment on the utility of the gene patent, and the second aspect is the legal regulation, then the third aspect is the utility of the synthetic DNA. At the end of this part, the utility among the three countries is comparatively analyzed.The third part introduces the utility in gene patent, including the concepts and four kinds of theoretical base.The fourth part mainly introduces the utility of gene patent in our country from three aspects: the first aspect is the legal regulation and the practice, and the second aspect is the problems in the regulation and the practice, then the third aspect is the relevant suggestions in the regulation and the practice.