특허보호대상으로서 유전자에 대한 고찰

The Study on Gene as Patentable Subject Matter

Gene inventions have been patented for more than 30 years all over the world. Lately, the US Supreme Court has held that isolated genes are not a patentable subject matter as natural products which exist in human body or nature. In fact, the research and development for isolating and purifying a specific gene and characterizing its function need a lot of time and labors. However, Gene is common property of human kind as a natural product, therefore gene inventions can never be monopolized to one person under the name of patent protection. Gene itself will not be protected any more under the United States patent system after the Myriad case and there is a possibility that the Myriad case would make a significant effect on patentable subject matter of patent laws and systems of other countries globally. We will need to review if we need to revise our patent laws and KIPO’s guideline on patent examination in response to this changes about patentable subject matter in biotechnology inventions.