A Study On Patent Protection Of Gene Technology In China

As a high-tech science and technology, gene technology has attracted greatconcern in the world. In order to obtain the tremendous economical benefits,countries in the world are vying cybersquatting gene technology patents. On the otherhand, the rapid development of gene technology has brought great impact to thetraditional intellectual property system. To protect and promote the development ofgene technology industry, United States, Japan and other developed countries areconstantly developing and improving patent protection system for gene technology.However, patent protection of gene technology in China still has many deficiencies.First of all, patent examination of gene technology focuses too much on thedistinction of the ‘invention’ and ‘discovery’, so that once identified as ‘scientificdiscovery’ will not be able to obtain patent protection; Secondly, plant and animalspecies are not included in the scope of protection of the patent law, therefore,transgenic plant and animal species through gene technology will not be able to getpatent protection; Finally, due to the lack of benefit sharing mechanisms patents ongene technology, genetic resources are not adequately protected.On the basis of exploring the related issue of the patent protection of genetechnology, this article compares the conservation status of the United States, Europeand Japan patents on gene technology, pointed out that the current patent system forgene technology protection is not comprehensive. Today, gene technology has beenrapid development, faced with this situation that genetic resources are constantlybeing plundered, the interest of the research and development personnel are not fullyprotected, the patent system is facing huge challenges, we should actively respond todilute the distinction of ‘invention’ and ‘discovery’, incorporating new plant andanimal varieties meeting the conditions into the scope of patent protection, and buildbenefit sharing mechanism of gene technology patents, so as to fully protect ourgenetic resources, and improve the patent protection of gene technology.