Research On The Scope Of Gene Patent Protection Definition In China

With the current development of current biotechnology,the genetic technology has made great achievements as an important part of biotechnology.At the present stage,genetic technology is playing an important role in several fields,such as genetic diagnosis,crop cultivation and drug research and development.Therefore,the further innovation and development of genetic technology have become increasingly important.It can be found from the analysis about several legal cases of gene-related patents that the lack of identification standards exists in the protective range of gene-related patents including identification standards.The main reasons of this phenomenon are included as follows: Firstly,a gene is simply regarded as the chemical compound in our country.Secondly,there are some errors in the gene sequencing results.Thirdly,the stipulations about the functional limitations are slightly general in our country.The scope of claim protection of gene patent shall focus on the contents recorded in the claims,and explain the scope of claim protection through the attached drawings of the description or external evidence.The protection mode adopted by gene patent and the identification of equivalent features in gene patent will have an impact on the scope of gene patent protection.In order to improve the protection scope of gene patent claims,some suggestions are put forward as follows: first,in view of the dual attribute of gene patent,it is not advisable to simply protect it as a chemical patent,so we should try to adopt the possibility of "function limitation";Second,because the presentation of gene patent serial number is a process of signal amplification,the standard of gene sequencing should be clarified;Third,the relevant equivalent technical features should be clearly stipulated;Finally,when writing the claims and description,we should also try our best to be comprehensive and detailed.