Research On The Gene Therapy Of Patent System Of Interest Balance

With the completion of the human genome project, biotechnology has get an unprecedented development. At the same time the development of genetic engineering techniques involving areas such as agriculture, health care and other closely related to human existence, has brought new hope many challenges to mankind. As a member of genetic engineering technology--gene therapy technique is particularly special, it directly works for functional fixes of the human genome, the human health benefits from this in nature. Based on this, whether gene therapy become the object of protection of patent law, and how to balance the interests of gene therapy in the post-grant patent rights of stakeholders will be an important issue. Under the current patent system,the premise of gene therapy can clear the conditions of patentability, define the scope of gene therapy patent rights norms, limite the use of gene therapy patent, is the first step to solve a balance of interests in gene therapy techniques. Meanwhile, for the vital interests of the gene therapy patents various stakeholders, secondary distribution of patent interests can, more effectively, protect the legitimate interests of the patent owner’s, promote the progress of our gene therapy, and ultimately achieve social harmony.