With the development of biotechnology, in the process of drug R&D and the development of new varieties of animals and plants, more and more people use the biological resources of other countries to carry out drug R&D without the consent of the country of origin of biological resources, and apply for patents to obtain monopoly benefits.
In order to prevent illegal theft of genetic resources in China for technical development and patent application, the revised patent law has added the following provisions: the applicant shall specify the direct source and original source of genetic resources in the patent application documents; If the application cannot explain the original source, it shall explain the reasons. It is also clearly stipulated that no patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.
Genetic resources are also called germplasm resources or breeding materials. Known species with special genetic characteristics, that is, wild animal and plant species or their related species.
For example, wild rice has some populations of dwarf virus resistance genes, which plays an important role in cultivating new disease-resistant varieties. Where a party illegally uses a genetic gene and relies on it to complete an invention, a patent right cannot be granted.