Research, And Biotechnology-related Patent Issues

This article discusses the requirements and protection for biotechnological patents. The development of Biotechnology has made challenge to Pantene. For example, an isolated DNA sequence, such as EST or SNP is a discovery or an invention? If as an invention, is the standard of industrial application before used suitable to such nventions? Is the transgenic animal and plant variety? How to applicable inventive step, industrial application, sufficiency of disclosure requirements to biotechnological patent applications?This article is consisted of three parts. First, analyzing the difference between patent right and ownership, then discussing the non-patentable biotechnological subject matter, such as transgenic animal and plant, cloning human body technology and cloning human body by comparative legal and practice in the United States, Europe and China.In second part, generally analysing the law and practice of granting patent in the United States, Europe and China, especially novelty, "publication" and "prior use", for clarifying the misunderstanding in juridic practice.In third part, discussing patent about DNA sequence and related invention, including an isolated DNA sequence, such as EST or SNP is a discovery or an invention? Analysing industrial application, invention step and sufficiency of disclosure requirements by comparative legal and practice in the United States, Europe, Japan and China.In conclusion, industrial application, inventive step and sufficiency of disclosure requirement for biotechonological patent application are higher than before.