Discussing Protection Of Biotechnology Patent In China

Biotechnology patent is the exclusive implementation within a certain period of time which the specific invention patent agencies awarded inventor. Among the public policies of promoting biotechnological research and development and bio-economic development,patent protection system has played an important role and has great impact on the protection of biotechnological research results. Therefore every coutry have to strengthen international exchanges, domestic legislation and to promote the development of biotechnology industry.In biological technology authorization conditions, countries think of novelty, creativity and practice as base.But due to the different level of development, developed countris have low authorization threshold and expand patent protection range of the biological technology achievements for grab more interests.On the contrary, in order to prevent the developed countries patent invasion and damage their interests, developing countries have high authorization threshold.Some biological technology achievements can not be prctected, such as the species of plants and animals, and these will influence on their biological industry development a certain extent. after decades of development,the biotechnology patent protection system in China has already made great progess,and has gradually begun to converge with the international community.But there also exist some disadvantages in many aspects of scientific and technological system as the result of the planned economic system.For example,the weak sense of patent,the limited quantity and quality of patent,lack of foreign patents,the low level of scientific research and innovation,these are all problems existing in the protection of biotechnology patent in current China.To solve these problems effectively,firstly, improve the physical condition of the biotechnology patent; secondly the scope of patent protection of biotechnology in our country should be expanded; thirdly, emphasis on benefit-sharing issues of patent arising from the genetic resource;and the fourth,our country should pay attention to the creation and protection of biotechnology patents,and the establishment of begign application mechanisms.And finally on the basis of improving the above policies,we should administer biotechnology patent protection dynamically,and change the old model of biotechnology patents.