Research On The Patent Of Biotechnology

The 21st century is known as a "century of biotechnology". Biotechnology has been proved to be helpful to solve such difficult problems as prevention and cure of disease, population expansion, food shortage, energy shortage, environmental pollution, etc.. Nowadays the countries all over the world strengthen the input to scientific research of biotechnology one after another, and biotechnology has already become the key technology concerning national destiny. But in the competition of this new technology, the biotechnology development level between our country and developed ones still has great disparity. Tracing it to its cause, excepting start late and such reasons as the scientific research is invested insufficiently, the author tends to argue that it is one of the reasons that the patent protection of biotechnology of our country is not upgraded.As to the current situation of biological technical development, this dissertation, based on the patent protection to biotechnology by U.S.A., Japan and China, this author argues that patent protection of biotechnology in China shall be upgraded from following several respects. First of all, the Patent Law of China shall expand the protection domain to biotechnology. In Patent Law of China, the protection of animal and plant varieties does not exist, though plant variety is protected by related law, animals variety is not protected by any official law. The Patent Law only protects the method to produce animal and plant varieties, which is hard to protect patentee's interests and may arouse his enthusiasm, and in the long run, it is not useful for the development of the biotechnology in China. Hence, the author holds that the protection of animal and plant varieties shall be included in the Patent Law. Also, with view to the particularity of biotechnology, thePatent standard to examine biotechnology shall be adjusted. Though the Patent Office has made new "Patent Examine Guide" in 2001, and made special regulations to these, it needs further perfect. In order to bring about an advance in biotechnology of our country, arouse the enthusiasm of investors, it is our wise choice to have proper standard of "three qualities" adjusted as to patent of biological technological invention and examines and give full play to the role of guide of the Patent Law.Because this dissertation involves more biological professional knowledge, it also has some introduction to biological concepts.