Abstract
Should gene be patentable? Such a question is one of the most im-portant issues in the biotechnology area. This article contemplates the patentability of gene generally by four-part discussions. In this article, we first review the European rules and its Directives and U.S. court de-cisions to construct the previous development in the main stream opin-ion about whether gene is patentable. And then we introduce the rela-tionship between the patentability of gene and its economic impacts on bioindustries. Also, the confronting problems when gene were patenta-ble are elaborated. Furthermore we analyze the patentability of gene by its informative aspect and its material aspect through the law and eco-nomics, specifying the factors that should be considered. Moreover, its ethical issues are discussed. Finally, we review the current domestic pa-tent law, expecting there will be more comprehensive concerns when designing the biotechnology-related patent system in future.