In fact the legislator considers that non-patrimoniality means non patentable. The definition of the human body is not yet clear. The child still-born is defined as a human person because a civil act is demanded by the Civil Code but this status doesn't exist before. With the new laws an embryo can be regarded as a human body every time the human dignity is affected. Moreover, the comprehension of what is a patent is not well understood as well as the advancement of the sciences especially biotechnology.
Many people believe that having a patent means to have the right to exploit the patented invention.
This is not the case for instance a drug that is patented still needs approval to enter in the market. Having a sequence of cDNA will not conduct every time to an invention. Although the European guidelines are rejected, experts on the field of genome analysis and patents agree that a lot of discussion and explanations must be done before the public acceptance of biotechnology will peak. We hope that France and Japan will continue to be more involved in this international debate.