Disharmony in Patent Law: A Comparative Study of Patent Eligibility of Biological Subject Matters Between China and the United States

Disharmonies in intellectual property rights have led countries, like China and the U.S., to implement patent laws tailored to their unique culture, values, and goals while complying with international treaties. China\u27s exclusion of treatment and diagnosis methods from patent protection prioritizes healthcare accessibility, whereas the U.S.\u27s allowance of patentability fosters medical innovation. Similarly, China\u27s exclusion of animal and plant patentability aligns with cultural and agricultural values, emphasizing resource accessibility and food security. Protecting genetic resources poses challenges, with China aligning its patent law proactively with the CBD principles and the U.S. prioritizing unrestricted access. China\u27s approach to human stem cell patentability reflects Confucian values, safeguarding human dignity, while the U.S. focuses on excluding judicial exceptions. As cultures evolve, China must continually assess its patent law to strike a balance between cultural values, societal needs, and technological progress. Compulsory licensing is proposed as a promising avenue to harmonize biological subject matter eligibility, encouraging innovation while preserving cultural heritage and fostering cooperation