EST (Expressed Sequence Tags) Patent Research

The 21st century is called"Biotechnology Century". Based on the genic technology, the modern biotechnology has brought hopes for resolving a series of problem such as disease treatment, food deficit, environment pollution and energy shortage. This will influence the future economy a lot. The modern biotechnology has become the key technology related to a nation's prospect. Especially the EST, which is a rising technology, will be made good use. Patent system is one of the strong engines for pushing science technology innovation and development. But being different from other patents ago; the particularity of the EST technology has challenged the patent system. Arguments on the question"how to settle the patentability of the ESTs, which locate at the upriver of biotechnology"have been accompanying by the development of the EST technology. The speed growth of the ESTs technology makes the patent protection more difficult. The patent protection for the ESTs technology has become focus of the law field and the public. In this thesis, comparison method is used to comparing the patent theory and practice of China with those of the USA, Japan and Europe, discussing the patent protection situation and the substantive requirements for the grant of patents. In the end, some advices are given to our country's patent protection system for the ESTs technology.This thesis consists of three chapters.Chapter One: Patent protection situation of the ESTs technology. This chapter consists of three sections. The first section is the ESTs technology outline. As the technology base of the thesis, this section mainly introduces concepts, application of the ESTs technology.Chapter two: Patent requirements for the ESTs technology. This chapter consists of four sections which discuss whether the ESTs patenting encourages research, the unicity of the ESTs, and the substantive and formative requirements of the ESTs.First, I will analyze if the ESTs patenting encourages research. In the thesis, I point out: many EST patenting are gambling actions and too many ESTs patented will discourage research. The unicity of the ESTs: I will analyze a piece of ESTs patenting include too many EST sequences. The application won't satisfy the unicity requirement if the propose only depends on that the DNA segments come from the same origin. I think case by case is better.Next section is patent substantive requirements for the ESTs technology. This section consists of three sections which discuss three patent substantive requirements (utility, novelty, invent step).The author clarify that only the application that meet the three requirements can be patented.At last, the application's specification must provide an adequate written in an EST application.Chapter three: Suggestions on the patent protection of the ESTs technology. Based on the former chapters' research, the author suggests the concrete advice on China ESTs patent protection. In the first section, we discuss the patent protection of the ESTs technology in our country. Next, the author points the attitude we should declare. In the last section, concrete suggestions on the patent requirements for the ESTs technology are made.