Study On The Patentability Of Human Gene In China

China has56ethnic groups, and has unique advantages in the study of human geneticresources. However, the provisions of Chinese patent law on the patentability of humangenes in question, compared with developed countries and regions in the United States,Japan and Europe, still appears to be lagging behind.In the paper, the issue of patentability of human genes were studied, the first battle ofthe patentability of human genes were studied, and then summarize and analyze theoverall situation of foreign patentability of human genes, the last of our human genes canbe patented proposed corresponding improvement suggestions.The paper consists of four parts:The first part is to introduce the basics of the human genes. From the concept andmain features of the human genes starting the application prospect of human genes werestatements. Meanwhile, for the wealth of our multi-ethnic characteristics of human geneticresources, the role of the human genes can be played on patentability were analyzed.The second part is the controversial research of human gene patentability. Propertiesstarting with human genes for scientific discovery that there are scientific inventions thatand compromise based on social ethics and public order raised that there are four majorbenefits that this theory to analyze the human genes. Finally, this paper attributes the mainpoint of view.The second part is the study of foreign countries and regions, typical of thepatentability of human genes overall. In the United States, Europe and Japan, forexample, through a comprehensive analysis of all countries on the patentability of genes,the background of its development and implementation of exploration results for ourpatentability of human genes provide a reference perfect.The fourth part is the research on the human genes patentability perfect. Combined with international human genes to future trends can be patented, made our country thepatentability of human genes need to require patent subject matter, the human gene patentexamination made reference to suggestions.