Medical Patent Protection Of Gene Technology Research,

Along with the genetic technology (GT)'s appearance, it brought the huge economic potential and the social benefit to the human society. New round of resources and benefit assignment in the world started. The sound and essential protection for the medical genetic technology (MGT) has become a great challenge to the Intellectual Property field, as the GT should break through the limits and standards of the present Patent Law of China. Based on the brief introduction of the GT, the paper make a study of the positive sense, the necessity and the possibility of MGT patent protection. And in detail elaborate the conflict of "invention" or "discovery" of the gene sequence, and the novelty, practical applicability and inventiveness of the GT patent through several examples. Then, the author discusses the Protection of gene sequence, gene-diagnosis, gene-therapy and genetically modified creature as well as the exception of GT patent protection with emphasis. The paper proves and states that the separation and obtainment of gene sequence is only scientific discovery, but should be awarded Patent Right which will promote social and the industrial development. The Internet publication and potential patentability of gene-diagnosis are also involved. In addition, as the foundation of gene research, the gene resources supplier's benefit is hardly protected effectively. This is obviously unreasonable. Profit between the gene tenderer and the gene researcher's, is not balanced, only to let gene supplier share gene following achievement can balance their benefit. Finally, the author thought the present patent law also should be adapted in accordance with the gene technology itself characteristic and development. It is of great necessity that the authority takes legislation and management measures to moderately enhance the gene technology patent standard, suitably supplement the patent law principle, strengthen the gene resources conservation and improve the medical gene technology patent protection unceasingly.