Abstract:
An invention which could be patentable must meet requirements. It should be novelty,
inventive step and industrially applicable. Therefore, any types of invention that meets these requirements including biotechnological inventions would be patented and protected by state and patent law. However, it is argued that any technological and science application that use living organisms or a piece of living things or living products might be against public order and morality.
In the European Union, there is a clear legal concept of biotechnological invention.
Unlike European Union, although United States has no specific legal provision to control over this issue, there are a large number of cases relating to biotechnological inventions and many clear principles stated in court decisions. Biotechnological inventions have just started to develop in Thailand so it is quite a new field in the country. According to article 9 of Patent Act B.E 2522, it clearly stateswhichkind of inventions could not be patented. However, there is no clear legal concept and any court decision concerning the patentability of biotechnological inventions. It can be said that biotechnological inventions are significant to the development of the country so Thai Patent Act relating to this issue should be amended.