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The rapid development of gene technology, gene sequencing, DNA recombinant technology, transgenic technology, cloning, gene diagnosis, gene therapy, genetic medicine, gene chips and other new things continue to emerge on sociology, ethics, law, and other ideologies had a great impact on the field, raised many questions, it forces countries to make their re-examine the patent protection system. At present, China's patent protection system faces the enormous genetic technology impact has not yet made a timely response. Gene technology patent protection, in terms of the legislator is to decide what to protect and how to protect the invention is the ability to get people to protect and how to get greater protection. This paper describes the background knowledge of gene technology and gene technology of patent protection for the status quo, then the larger debate on gene technology, China's patent law provides no clear theme of combining several patent applications in our discussion of specific cases: if Genes are \Japan and other countries patent protection status of gene technology in-depth comparative study of gene technology to China last patent protection made some basic principles and specific strategies. The fundamental purpose of the patent system is to promote the country's economic and scientific and technological development, and therefore patent legislation necessary to comply with the development trend of international patent protection, comply with internationally uniform rules, but also to give full consideration to the actual situation as a developing country, with domestic technological innovation and industrialization level and needs to adapt. We should adopt a cautious attitude towards the object of patent protection and patent examination standards, in line to developed countries to refrain from blindly. In this paper, in-depth study of gene patents to protect the basic principles, such as patents granted by the State, Genetic technology patents and public order and morals, the balance of interests principle and the prevention of gene technology patent misuse based on the recommended human genes and associated gene technology, cloning methods, and human cloning lt; WP = 3 gt; person, 14 days or more human embryonic stem cells temporarily excluded from the scope of protection, the conditions are ripe and then gradually incorporated into the scope of patent protection. Also recommended the development of appropriate detailed patent examination standards, such as gene technology refinement and creativity patentable novelty standard, basic research on gene technology to improve the usability standard of review, the application of gene technology to develop appropriate standard of review, full disclosure and limitations too broad scope of the claims. We can see that gene technology patent battle has been played in full swing, in this battle, the United States has been to seize the initiative, Europe is followed step by step, the Japanese want to lead Asia, we Chinese have to catch up. Therefore, to make full use of the patent system, regional, develop appropriate techniques of gene patent protection strategy, give full play to the wisdom of the Chinese nation, the protection of national industry, and promote the rapid development of China's science and technology.
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