我國應否開放以基因轉殖植物為主要保護對象之植物專利，本文認為有再三斟酌之必要。本文建議在審查基因轉殖植物之相關發明時應將其是否違反道德或公序良俗納入考量。至於農民留種除外的議題，本文主張我國應該採取肯定的態度，一旦我國將來決定要開放植物專利，應該同時將農民留種除外條款同時納入專利法以做為配套措施。至於基因轉殖植物之專利申請是否應該揭露生物資源之來源，國際上普遍持肯定態度，但是否做為專利要件則爭議性甚大，猶有進一步研究之必要。

More consideration is needed to determine whether to protect plant varieties, most of which are gene-modified plants, by the patent law in Taiwan. This article suggests that the issues of moral and public order need to be considered while examining the patent applications relating to gene-modified plants. This article also suggests that the farmers' privilege should be implemented into the patent law to harmony with the patent protection of plant varieties, if plant varieties will be patentable in the future. Regarding the issue whether to disclose the genetic resource going along with the patent applications, it is well accepted by lots of countries. However, the argument is still very violent concerning whether the disclosure of genetic resource should be one element of patentability.