生物技术领域发展迅猛，专利申请量急剧攀升，CAR-T、基因编辑、冠状病毒疫苗因其展现出的极高临床价值或因应突发疫情，成为其中的热点领域。由于涉及社会伦理等复杂考量因素，以及技术发展更快且可预见性更低，生物技术领域存在更多的特殊性，这种特殊性体现在专利审查方面即为审查政策和审查标准较快速的变化。及时、准确的理解和把握该领域的审查标准的动态变化将有助于申请人（或专利权人）顺利获得、维持其专利权，保护其合法权益。本文从说明书充分公开、权利要求的支持、以及创造性三个视角分析了该领域的审查审判动态，并基于此提供了一些应对的策略和建议。
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Strategies and Suggestions for Patent Applications in the Hot Field of Biotechnology
By King & Wood Mallesons on
The field of biotechnology is growing rapidly and the number of patent applications is skyrocketing. CAR-T, gene editing, and coronavirus vaccines have become hotspots due to their extremely high clinical value or due to epidemic outbreaks. Because of complex ethical issues, the rapid development and the unpredictability of biotechnology, there is particularity existing in the field of biotechnology, which means the policy and criteria of examinations are frequently changing. It would be very helpful for the applicant (or the patentee) to understand the dynamic changes in the examination criteria in the field timely and accurately, so that they can obtain and maintain their patent rights and protect their legitimate rights and interests successfully. This article analyzes the dynamic changes of examination in this field from three angles – sufficiency of disclosure, supportiveness of claims and inventive step, and further provides some strategies and suggestions based on these analyses.
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