通过比较欧美生物专利制度的差异简析中国生物专利制度的变革

A Brief Analysis on Reforming the Bio-patent System of China on the Basis of Comparing the Bio-patent System of Europe and the U.S.

通过比较欧美生物专利制度 ,我们认为中国只能通过大陆法模式加快制度变迁。其方式是 :删除《专利法》中限制生物专利客体范围、维护公序良俗的规定。国家知识产权局可以在其专利审查指南中设立一些生物技术可专利条件。其可以通过修订该指南迅速推进中国生物专利制度的变迁。

By comparing the bio patent system of Europe and the U.S., we opine that China could only reform its bio patent system according to methods in agreement with attributes of civil law system. Concretely speaking, China shall delete provisions in respect of unpatentable subject matter of biotechnological inventions as well as provisions concerning “ordre public or morality”. However, the State Intellectual Property Office could set restrictions on patentable biotechnological inventions in its guidelines of patent examination. It could amend the guidelines continuously, by which the bio patent system of China could be reformed in good time.