Research On The Utility Of Gene Patents

Genetic engineering is one of the most rapid development discipline Recently,in order to protect gene engineering of the achievements fully, most of thecountries choose the patent system. Granted patents need to meet three requests: thenovelty, creation, utility, among them,fewest scholars study on utility. In the moderngene patents, the standard of utility plays an important role in protecting theinnovation of knowledge and technology.The main body of this paper has two parts.The first part explains the background and motivation. It illustrates the essenceand the development of gene patent.utility is one of three substantial condition thatpatent law needed on an invention wants obtain patent, people think thiscondition issimple as a rule, for that is easy to know whether a thing is useful or not, but thedevelopment of technology, especially genetics brings a lot of problem about utility.The second part is divide into four chapters as follows:In chapter one, I introduce three cases to illustrate the unique implication ofutility in gene patent. The utility of Gene patent is different with other patents, It doesnot separate basic research and applied research any more. An achievement which canbe produced and received by most people would be protected as a patent.In chapter two, I analyse the meaning of exploitativeness by comparing twocases. A patent must be produced and understood by Common technical personnel.In chapter three, I choose one case to gather some different viewpoints. At thesame time,we can conclude,a useful patent is not only produced,but also cater topublic morality.But latter is not the key point.Finally, I I sum up the above content.Based on the analysis of the three chapters,to apply gene patent utility standards.