Public Interests In Human Gene Patents And Improvements Of Patent Law

From the second that Human Genome Project announced they had completed and worked out the sketch of human genome, the number of patents on human gene and DNA boomed significantly. Meanwhile, Laws of patents in most countries are amended to protect gene researches and allow gene patents. They expects researchers to give public the access to their new products and technologies by granting them a limited periods, always several years, of exclusive rights, like monopoly, as consideration. This idea called" benefit balance principle" is in patent law, well accepted by academic and policy-makers.I put my eyes on a recent famous case of myriad BRCA gene. Myriad was the defendant and finally they failed to protect their BRCA genetic patent. In chapter I and II, I was focusing on the concepts and recent development of gene, genome project and the patentability of gene patent.In the third part of this article, I analyzed the special, related public interests under genetic patents grant which is different with most of patents, including the source of gene, the patients suffered the serious genetic disease, such as cancer. How much taxpayer paid for genetic patents and how the downstream studies are affected. Here, we can consider public more generally and broadly, including but not limited to the first users, royalty payers, but especially the people who carry special gene and offer it to researchers, genetic diseases sufferers etc.It shows monopolistic effects of genetic patents in Chapter IV after observing and describing Myriad BRCA patents and canavan genetic disease. What the worse is this "legal monopoly" of genetic patents seems has much more advent than we think, it is unpredictable, threatens lives and makes genetic resource occupied by part of people.After comparing our existing patents law and same one in United States, told us shall update our law by following U.S’s pace. Granting a right similar to "gene right" means special gene’s owner is entitled to his/her gene. And, patients who suffer serious gene disease can apply to utility the newest genetic healthcare free or with a low price.