Patent Protection For Transgenic Plants

Transgenic plants are cultivated through genetic engineering method.The new plants have many good characters which a lot of ordinary plants do not have. Transgenic plants meet the criteria of novelty and creativity.And these traits still remain stable after growing several generations .So the transgenic plants also meet the standard of practicality. In our country transgenic plants are protected through new plant varieties protection systems .But there are many problems in the protection systems. The new plant varieties protection systems can not meet requirements of the transgenic plants protection.This article suggested that genetically modified plants should be into the patent object of protection.And The large economic and ecological benefits that transgenic plants have can be developed and applied to promote our country economic development.This article is divided into three chapters:the first chapter is the overview of patent protection of transgenic plants;the second chapter is the patent analysis about transgenic plants; the proposal of patent protection of transgenic plants . The first chapter is divided into three sections.The first section: through the introduction of transgenic plants, we know that transgenic plants has great economic value and ecological benefits .So we need to improve the protection system to protect it.The second section:the overview of the international patent protection of genetically modified plants are discussed and analyzed, including the United States, Europe and Japan. The protection of transgenic plants are vauled in these counteies ,especially the United States.We learned that the patent system should sevice for economic development from these developed countries. The third section: through the analysis of the current situation of protection of transgenic ,we know that our protection mechanism is relatively simple comparing with developed countries. The second chapter is divided into three sections.It discuss that whether the transgenic plants meet the criteria of novelty,creativity and practicality .The third chapter is divided into two sections.The first section pointed out that there are many problems in the protection of new varieties of plants.The second section: I table Legislative proposals of the patent protection of transgenic plants and the amendments about patent law and patent examination guidelines. I point out that the reason of the amendments.