Generally speaking, discovery reveals natural phenomena and essential laws, and invention is the concrete application of these essential laws. However, biotechnology is based on a large number of discoveries, and it will never escape the utilization of living or active organisms or biomass, especially the utilization of genetically modified crops.
3. So, were genetically modified crops discovered or invented? This is a prerequisite for its patent protection.
4. When considering whether transgenic plants are natural products, we should pay attention to the premise that a new transgenic plant must have human intervention. Transgenic plants are not simple natural products. Without the intervention of breeders, they will not appear. Obviously, using modern biotechnology, plants can be transformed and transformed to produce a transgenic plant that is completely different from previous natural products, and achieve certain expected goals. Transgenic plants made by modern biotechnology are not natural products, but the products of human wisdom.
At present, most countries have clearly accepted that strains purified from wild microorganisms are patentable subjects.
Therefore, most genetically modified products can be patented.