How Science,Technology,and Society Influence Patent Policies: The Choice and Direction of Gene Patent Pathways from the View of Technoscience

Abstract

From a global perspective, there have been two main pathways to patent protection on gene technology: First, a rigorous distinction between discovery and invention, denying the patent eligibility of genes and relevant “discoveries”; second, affirming the patent eligibility of genes in specific circumstances and putting forward further requirements. At present, these two distinctly opposed models may lead to further friction and disputes among countries in the genetic field. The view of technoscience offers a new perspective on this issue. In this context, science and technology have become closely intertwined, while the border between invention and discovery tends to blur. In the vast system featuring the trinity of science, technology, and society, ethics and morality are translated into legal norms, which do not completely deny the patent eligibility of genes. From a developmental perspective, the pathway to distinguish discoveries from inventions still witnesses problems which are inherently difficult to solve. The United States has amended its examination guidelines several times in recent years, only to fail to establish clear distinguishing criteria, producing a negative impact on its bioindustry. China has adopted the second pathway, affirming the patent eligibility of the genes isolated for the first time and constantly amending the three-aspect criteria for restrictive purposes, which promotes the development of bioindustry.