Patent Act Is To Be Amended Soonest In The First Half of 2006.　Animal/Plant Patent Applications Will Begin To Pile Up.

The government made a breakthrough in the policies for IP rights of agricultural biotechnology by opening its doors to animal/plant patenting.  “Biotechnology Industry Directing Committee” on December 28, 2005 passed the amendment to the Patent Act proposed by the Intellectual Property Office (IPO) in Taiwan, which will make animal/plant varieties patentable.  This amendment will be delivered to the Executive Yuan’s examination and for its expected legislation in the first half of 2006.

 

For this purpose, Paragraph 1 of Article 24 of the Patent Act, which provides that “An invention patent shall not be granted on animal and plant varieties”, will be deleted by adding that the “product” and “process” of producing invented animals and plants will be patentable.

 

The government’s decision on patentability of animal/plant is grounded on Taiwan’s world-class biotechnology.  It is believed that the genetic modification research ability in Taiwan is able to compete with the GM products made by multinational company.  Taiwan will be following Japan to become the second nation in Asia to open up animal and plant patent applications.

 

The Council of Agriculture stated that the patentability of animal/plant varieties will be recognized on condition that farmers and researchers shall have to pay patent fees only for their first purchase of plant seeds, and no patent right shall extend to their harvest.  In addition, farmers and researchers shall use the patented seeds only for planting but not for sale.  (2005.12)

/CCS