Research On The Problem Of The Protection Scope Of Gene Patent In China

Genes are the genetic code that controls the expression of life traits.Due to the life attribute characteristics of genes,after a long period of controversy,gene patents have been widely recognized,and the corresponding gene technology has risen rapidly,providing a scientific basis for decoding the origin of life and analyzing the mechanism of disease.Widely used in agricultural breeding,ecological protection,medical and pharmaceutical fields.Patent rights originated in the traditional technological era,and were constructed by granting monopoly private rights to technical solutions.On the one hand,the patentee can be given an exclusive right to technological inventions and encourage innovation;On the other hand,it can also benefit the society by disclosing technology and avoid duplication of R & D and investment,Gene technology is in the upstream position of the industrial chain,and the scope of its patent right protection scope is directly related to the development of the biotechnology industry.Too wide protection scope will cause the rights of patent holders to expand,which is not conducive to the development of downstream industries;Narrow,will affect the enthusiasm of related technology research and development.While accelerating the innovation of genetic technology,countries have successively built a patent system suitable for their countries around gene sequences and transgenic animals and plants.How to define the scope of protection of gene patents has become one of the focuses of current debates in the field of gene technology patents.At present,the definition of the scope of protection of gene patents in China remains to be discussed,and there is an evasive attitude towards the patentability of genetically modified animals and plants.Considering that the scope of protection of gene patents directly affects technological innovation and the development of downstream biological industries,we have to face up to the issue of improving the scope of relevant patent protection.This article focuses on the definition of the scope of protection of gene patents as the core,focusing on the essential authorization requirements of gene patents in the United States and Europe,the definition of rights scope and the relevant provisions of the development trend of rights scope and judicial practice,and discusses the face of the protection scope ofgene patents in China problem.At the same time,based on the theoretical research achievements abroad,combined with the current status of its own gene patent protection,and based on an in-depth analysis of the interests of all parties,on the basis of in-depth analysis of China's gene patent protection scope and the improvement of the scope of the gene patent object range,it makes its own suggestions.