Article 26 of the Detailed Rules for the Implementation of the Patent Law refers to the definition of "genetic resources" in the Convention on Biological Diversity, and defines "genetic resources" as "substances that contain genetic functional units such as human body, animals, plants or microorganisms and have actual or potential value". According to this definition, "genetic resources" contains two important factors: ① genetic functional units, and any carrier that can transmit genetic information between organisms can be described as "genetic functional units"; ② It has actual or potential value. The "value" of genetic resources makes the utilization of genetic resources possible, so it is necessary to explore the protection mode of genetic resources.