The Research On Reviewing System Of Biotechnology Patent

This paper describes research on examination system of biotechnology patent. With thedevelopment of Chinese biotechnology industry, the examination requirements of biotechnologypatent are constantly updated. Compared with patent examination of technology on other areas, thebiotechnological patent examination, has both general and peculiarities. This paper elaborates theexamination system status and problems of patent through combining the particularities onbiotechnology.This paper includes five parts. The first part focuses on the general theory of biotechnologypatents about patentable objects. This part introduces the provisions of the Patent Law of China andthe EU, as well as the provisions of the more representative countries. Consistency for the views ofthe object is not granted a patent, the author summarized the main object of the biotechnologypatents which can not be granted a patent. The second part of this paper describes the formcensorship of biotechnology patents. At first the aurhor introduceds the general form censorship ofbiotechnology patents.Secondly introduces the review on the qualifications of the patent agent, forwhich is an important part of the form censorship on the biotechnology patents.The aurhordiscusses the review of our agent qualification,through introduceding the difference of agentsystem of the United States, Japan and Chinese. The author also focuses on the preservation ofbiological materials, because of the particularity of biotechnological inventions.The third part of this article discusses the review of "three Features" of biotechnologypatents(practicality, novelty, creative), and fully openness of biological invention. In the fourthpart describes the procedures of the substantive examination on biotechnology patents, includingthe mode of the international review, the retrieval of the compared document and the comparativeanalysis of the procedures on substantive examination.The fifth part of this article summaries the main problems about examination of Chinesebiotechnology patent compared with developed countries,and makes recommendations to improveChinese examination system of biotechnology patent,which is based on the current developmentstatus of patent examination system.In this paper, basing on the reference literature,the author compares the experience in patentexamination about biotechnology in the developed countries,and elaborates the particularities of patent examination about biotechnology.Ultimately,through enabling reviewers to review practicefaster operation, saving the time and cost of the applicant,and inspiring the development of thebiotechnology industry, our country will become one of the innovative country.