Inshakova A.O., Ryzhenkov A.Ya., Bogdanova T.D. Legal Protection of Biotechnology in Russia: Benefits of Patenting and Patentability Criteria

Agnessa Olegovna Inshakova
Doctor of Juridical Sciences, Professor,
Head of Department of Civil and International Private Law,
Volgograd State University,
Base Department of Southern Scientific Center of the Russian Academy of Sciences
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Anatoliy Yakovlevich Ryzhenkov
Doctor of Juridical Sciences, Professor,
Department of Civil and International Private Law,
Volgograd State University,
Base Department of Southern Scientific Center of Russian Academy of Sciences,
Head of GRUS Research and Production Center LLC
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Tamara Dmitrievna Bogdanova
Teacher, Department of Civil Law Disciplines,
Russian Presidential Academy of National Economy and Public Administration (Volgograd Branch)
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Gagarina St., 8, 400131 Volgograd, Russian Federation

Abstract. 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.

Key words: biotechnology, inventive activity, patenting, patent search, patentability criteria, novelty, inventive level, industrial applicability.

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