Study On The Patentability Of Biotechnological Inventions

The concept of biological technology has been gradually known from the laboratory into the home of ordinary people. Now the biological technology invention has become a necessity for the production of human life everywhere, from energy development to small household detergent. The biotechnology industry gradually elevated to the national strategic decision-making. China has abundant biological resources, this to our development of biotechnology industry play a considerable role in the foundation material guarantee, huge achievements in Biotechnology Research Institute of China class numerous scientific research also reveals China’s strength in the development of biotechnology. Then how to protect these researchers hard to pay the biological technology invention obtained has become a major task for our country before. In the European Union, Japan, the United States and many developed countries to protect their invention issued National Biotechnology Patent Protection Law, our country also wildly beating gongs and drums on the formulation and amendment of patent law. With the continuous development of the biotechnology industry, the legal provisions on the protection of the original may not cover some of the new invention. This requires a combination of the actual situation of our country, the relevant provisions of the amendment of patent law to better protect our biological technology invention, the biotechnology industry to be faster and better development, promotes our country economy.This paper has four parts on patent of biological inventions.The first part summarizes the biological technology invention, it introduces the concept of the invention of the biotechnology and biological technology and its particularity, also summarizes the current development status and advantages of biological technology invention, the biological technology invention invention and discovery of definition, and describes the biological technology invention of legal protection of the urgency and necessity.In the second part, introduced the biological technology invention patent theme, through to the European Union, Japan, the United States and China’s invention of biotechnology patent theme, and concludes from the biological point of China’s patent theme, contrast to the laws of our country strong and weak points.The third part discusses the patentability of biotechnological inventions.This part introduces the system of the European Union, Japan and the United States’laws about the biological technology invention on the novelty, creativity and practicality. And think about the relevant provisions.The forth part introduces China’s law about the biological technology inventions on novelty,creativity and practicality.And think about the relevant provisions.The inventions of biotechnology of China’s law has some leaks.Finally,it puts forward to five suggestions for China’s legal provisions on biotechnology inventions.lt mainly includes from perfecting the related examination system to the professional quality of the staffs,and adds "the precautionary principle" for getting the better law of the biotechnology inventions.