Comparative Analysis of Patenting Biotechnology Inventions in the U.S., Europe, Japan and China

Abstract

Biotechnology has been developing at a dramatic pace. The success story of modern biotechnology industry is closely linked with the evolution of modern patent law and patents are pillars of biotechnology industry. The context for patenting DNA sequences has changed markedly since the 1990s. Recent decisions regarding biotechnology inventions have aroused rethinking of the important issues in this unique field globally. The thesis will conduct a comparative analysis of patenting biotechnology inventions in the U.S., Europe, Japan and China. Doctrines and practice regarding patent eligibility, utility, novelty, inventive step and enablement will be introduced and discussed in connection with typical cases and recent decisions. Unique requirements, including requirement for patent disclosure of the source of genetic resources in China, will be highlighted.