Research On The Infringement Judgment Of Microbial Patent

It is understood that the development and utilization of microbial resources has become a new technological growth point and strategic high ground in the field of modern biotechnology.The U.S.government announced the launch of the "National Microbiome Program" in May 2016 to strengthen research on microbial health and medical care;China issued "Policies to Promote the Accelerated Development of the Biological Industry" as early as 2006,and started microbial agricultural fertilizers and other aspects,initially established a set of institutional system for the development and application of microbial resources.From a long-term development perspective,systematic research on microbial patents,especially the determination of microbial infringement,will not only effectively guarantee the construction and development of my country’s microbial industry system,but also better safeguard my country’s position in the world economy.Compared with other types of patents,microbial patents have certain particularities.There are few studies on microbial patents in my country,and systematic research on the infringement determination of microbial patents will help standardize the infringement determination system of microbial patents.The newly revised "Patent Law" has further strengthened the protection of patents.Clarifying the scope of protection of microbial patents and defining the protection boundaries of similar types of patents will become the key to microbial patents to promote scientific and technological development and balance social public interests and personal rights.Starting from the first case of microbial patent infringement in my country,this article systematically studies the current situation and dilemmas of the determination of microbial patent infringement.According to the development speed of microbial technology and the value pursuit of my country’s patent system,suggestions are made to improve the determination of microbial patent infringement in my country.The Patent Law revised in the 1990 s stipulated that microorganisms themselves can obtain patent protection.Microbial patents must be submitted with a deposit number in the application,and in microbial patent litigation,infringement judgments must be made against the scope of protection determined by the deposit number of microbial materials.This article first conducts a historical investigation of microbial patents,and analyzes its current situation from multiple angles,and summarizes its characteristics;secondly,it studies the current status of microbial patent infringement judgments,the first case of microbial patent infringement in my country,and summarizes the difficulty of infringement judgments.The scope of protection of microbial patents and the determination of identification methods between different microorganisms;finally,in view of the current status of microbial patent infringement determination and my country’s existing legal system,the principle of clarification of the liability for microbial patent infringement,the clarification of the same or equivalent infringement standards for microbial patents,and the improvement of the patent’s writing quality are proposed Suggestions for improving the determination of microbiological patent infringement.The research on the determination of infringement of microbial patents not only protects the legitimate rights and interests of relevant patentees,strengthens the protection of patents,but also encourages the public to carry out scientific and technological innovations and promote the development of microbial technology.