The Research Of Gene Patentability

The development of biotechnology and gene technology changes every day. Gene technology is used increasingly in our life, and it is becoming more and more profound to the formation of global economic structure and adjustment of the pattern of interests. Human genome project called "moon" of the completion has been finished in 2005, shows the level of human gene technology development and suggests it's potential. Whether the genome sequence has patentability is one of the focus of debate and it affects the trend of the development of gene technology. Myriad case is the famous case of the top ten United States patent trademark cases in 2010. And it caused the debate again in 2013. After three times trial, the final verdict has a far-reaching influence in academia and industry. So, studying the case is very important.This paper consists of five six parts.The first part is Introduction.This section describes the background and significance of the topic.The second part introduces the basic facts of the Myriad case and the controversy.The third part describes the history about gene as the objects of patent.The fourth part is the specific criteria to distinguish the synthetic gene.This part is the focus of this paper. Firstly, the distinction between "discovery" and the meaning of "invention", and then introduce the distinction between "discovery" and "invention" of the new standard, the final analysis of the specific criterion for distinguishing synthetic gene.The fifth part is the case's reference to us.The sixth part is a conclusion.