The Patent Protection For Isolated Human DNA Fragments

Bio-economy which is led by Life science and Biotechnology which is one of themost active fields in science and technology innovation,.is going to lead to profoundchanges in the pattern of interests adjustment and the structure of the global economy.While the gene sequence patent protection is one of the focus of debate on how to setthe current biotechnology patent field. The scope of patent protection determines theactual value of the patent monopoly. Discussion on this issue has continued for years.In2013June, USA Federal Supreme court verdict on AMP v.Myriad Genetics,BRCA1and BRCA2genes of Myriad judgment of patent held by company Geneticsis invalid. This decision of the DNA sequence on the separation of the invention ordiscovery argument and not completely in accordance with the previous judgmentideas about cases. It chose " significant difference test method " standard for patenteligibility for judgment,which is more suitable for the current technologydevelopment level in America. The verdict ends a thirty-years-long gene patentauthorization history, and brings the crisis and the new opportunity for genetechnology and biology and medicine. For the significant impact of this case in thefield of patent law and biological technology, this article has carried on the analysis tothe case.This paper introduces the basic case of AMP v.Myriad Genetics, sorts out theverdicts and the main reason of the judgments from local courts to the Supreme Court, summarizes and analyzes attitudes and views and to people from all walks of life onthe separation of DNA fragments of human patentability issues. And also, this paperconcludes a result that if someone wants to make the judgment of gene fragment ofpatentability, he should explore the separation of gene patent from the basic principlesof patent law angle, which means one can not be shaken to the principle of lawdistinguishing the "discovery" and "invented"; and he should’nt forget of theinteret-leverage function of the patent law, namely, he should focus the public interests and the industry profit equilibrium. Combined with the development andprotection of gene patent in China’s actual situation as well as the Myriad casereference, this paper puts forward the basic thought of our country in the separation ofDNA fragments of human patentability issue should follow, looking forward to be amodest role for the further improve of China’s patent system and the healthydevelopment of gene industry.This paper consists of four parts.The first part describes the basic facts of the case and the technical backgroundof Myriad, and points out the focus of controversy.The second part is the focus of this thesis. Summary of different views on thecase contains provisions focus or precedent sentence three times and in the support,are introduced and analyzed in this paper and various reasons for opposition, and theessence of the dispute of legal analysis.The third part is the case of Myriad reference to China, the first analysis ofChina’s current gene technology and gene industry present situation, and then explainthe significance of my Myriad case for the Chinese patent law.The fourth part is a conclusion. Put forward the basic idea of our country in theseparation of DNAfragments of human patentability issues should follow.