Legal protection of biotechnology in Russia: benefits of patenting and patentability criteria

Biotechnology is one of the priority directions of modern society functioning. They ensure the solution of certain global social and economic issues and contribute to the development of scientific and technological progress. The article discusses the ways of biotechnologies legal protection in the Russian Federation. The authors conclude that the most effective method of protection is the patenting of biotechnology which should take into account the specifics of the specified object of patent rights. The problems of legal regulation of patent and legal protection of biotechnology are studied, and the regulations of the current legislation are analyzed. The authors evaluate the Western doctrine of "natural products", according to which it is prohibited to patent the new products that do not contain a significant difference from natural products. This principle is opposed to the position of "Rospatent" Russian Patent Service. The authors also study the criteria for biotechnology patentability underlying the examination of the application, such as novelty, inventive level, industrial applicability. The factors that contribute to poor conceived practice of existing patent law concerning the protection of biotechnology legal are designated.