Legal Protection Of Transgenic Animal Patents

With the rapid development of modern biological technology, transgenic technology plays a huge role, transgenic animals are widely used in many areas, is currently in the industrialization pattern direction, but also bring the benefits of the disputes, caused a shock and challenge to patent law. At present, our country of transgenic animal patent awarded opposition, main differences is that whether they belong to the invention or discovery, disgraceful consideration in violation of the principle. Due to China’s patent law explicitly deny the patent ability of transgenic animal, has affected the development of transgenic technology in China, so this article to transgenic animals as the research object, combined with animal science theory and knowledge of patent law, through the present situation of our country’s legislation, to analyze the difficulties faced by, at the same time, draw lessons from foreign representative countries, according to the national conditions of our country put forward the corresponding suggestion. This article hope from the patent law on transgenic animal corresponding legal protection, is advantageous to the genetically modified animal breeders invention, thus providing institutional guarantee for the development of the industrialization of transgenic animals.