The Comparative Research Of Gene's Patent Ability

Patents are one of the most important means of protecting gene inventions.However,because gene's specificity,the patentability of gene is controversial.As early as the 1970s,the United States and Europe began discussions on the patentability of genes.After decades of continuous development and improvement,a complete set of gene patent protection system has now been formed.As the pioneers of gene patent legislation in the United States and Europe,their legislation can become an important reference for Chinese patent law.Through the analysis of statutory law and typical cases,this article summarizes the legislative provisions on gene patentability in the US and European laws,analyzes and compares the similarities and differences between the US and European legislation on gene patentability,and summarizes the legislation that developed countries can refer to Experience,and through the comparison with China's current gene patent system,summed up some of the shortcomings of China's gene patent legislation,and finally put forward some legislative suggestions to improve China's gene patent law.The article is divided into five parts:The first part mainly introduces genes and gene patents.First introduced the definition and function of genes,then briefly introduced the types of gene patents and the industrial application of gene patents at the current age.Finally,it introduces one of the focus of the patentability controversy of the gene,that is,whether the gene is"discoverg" or "invention".The second part mainly introduces the provisions of US law on the patentability of genes.The first section of this section introduces the eligibility of gene patents.The second section introduces the novelty,Non-obviousness and applicability of gene patents in the US patent practice through typical cases,that is,the substantive requirements of gene patents.The third part mainly introduces the provisions of European law on gene patentability.The first section of this part briefly describes the development of in European law,and analyzes the gene patents' eligibility in the European law under the framework of the "European Patent Convention" and the "Legal Protection Directive on Biotechnology Inventions" through typical cases.The second section introduces the substantive requirements of gene patents on European law.The fourth part first compares the similarities and differences between the US and European laws on the patentability of genes,and attempts to analyze the reasons for the differences between the US and European laws.After summarizing China's current gene patent system,and by comparing with the provisions of the US law and European law,it summarizes the shortcomings of China's gene patent legislation,and finally puts forward some legislative suggestions to improve Chinese gene patent law.The last part is the conclusion,summarizes the main content of this article,and puts forward the author's point of view.