Currently,many problems appeared in the gene-related patents protection deviated from the widespread ethics principle of respect, fair and beneficial.

The argument of gene-related patents between discovery and invention, private interest and the benefit of the public, nation and nation, are resulted by the contradiction of benefits.

How will law adapt it when medicine developed? In face of the gene-related patents fight, the deep and comprehensive research of how to perfect the law environment of gene-related patents protection will be our problem in a long time.

Study on the legal protection of gene patent;

This paper considers that the bifurcation on gene patent radically is bifurcation between law and ethic through analying the actuality and bifurcation on gene patent.

The protection of gene patent has caused a great disparity in distributing interests between gene providers and gene researchers.

There were neither available database nor deep investigation on gene patents or patented genes in China before.