Research On The Patent Protection Of Biotechnology

The21st century is the century of biotechnology. After centuries of development, traditional biotechnology based on genetic engineering has gradualy developed into the morden biotechnology and widely used in fields such as agriculture, industry, medicine, environmental protection and so on, which was regarded as the most effective way to solve the three major crisis--population, resources and environment. Meanwhile, the biotechnology industry is a high input, high-risk industry which need to be protected well by legal documents. And in all the legal protection measures, the protection of biotechnology patent is the most effective way.Because of the patent system, economic policy and technical level are very different, the way of biotechnology patent protection are different between countries accordingly. So the patent protection on modern biotechnology has become the most controversial topic."whether to grant biotechnology patent protection","Gene is the invention or discovery","genetically modified plants and animals patentable","the subject of patentability of biotechnological inventions","conditions of patentability of biotechnological inventions " should all be discussed within the framework of the patent system.This article consists of four parts in addition to the preamble:The first part introduce the concept、history and application of biotechnology at first, and then clarify the meaning of the patent protection of biotechnology by analyzing the characteristics of the biotechnology industry.The second part introduce the biological technology invention patent theme. At present, although various countries and regions have their own characteristics, they have reached a certain consensus in biotechnology patent subject.The third part introduce the patentability and requirements of full disclosure of biological technology invention.Biology technology is particular because of relates to the life, so the patentability is also particular correspondingly. The fourth part introduce the current situation of biotechnology patent protection in China firstly, and then give some suggestions on improving the patent protection of biotechnology in China, such as modify the biotech-patent legislation, strengthen the protection of patent biotechnology, build the biotechnology patent pool, promote biotechnology patent implementation, speed up the patent system construction of enterprises and achive the advantage of key technologies.All in all, it’s necessary for our countey to learn the experience actively from developed countries on the basis of the national conditions, and then build the biotechnology patent protection system to to seize the technological high ground.