「Directive 98/44/EC on the legal protection of biotechnological inventions」 (Richtlinie 98/44/EC des Europaischen Parlaments und des Rates vom 6. Juli 1998 uber den rechtlichen Schutz biotechnologischer Erfindungen, Biopatent-Directive)is now the only statute of European Union protecting the intellectual property and legislating particularly and solely on ethical issue regarding to biotechnological inventions on earth; it builds the legislative model for the protection of the intellectual property on biotechnology. According to the Biopatent-Directive, the following shall not be patentable: first, Article 4.1: 「(a)plant and animal varieties; (b)essentially biological processes for the production of plants or animals」; second, Article 5.1: 「The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene」; third, Article 6.1: 「Inventions shall be considered unpatentable while their commercial exploitation would be contrary to ordre public or morality」; forth, Article 6.2: 「(a)processes for cloning human beings; (b)processes for modifying the germ line genetic identity of human beings; (c)uses of human embryos for industrial or commercial purposes; (d)processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit to men or animals, and also animals resulting from such processes」. By analyzing and studying the above unpatentability, we suggest some propositions in this paper. This paper feasibility studies not only to contribute to the understanding of it to our industry, government and research institution but also to provide the patentability of biotechnological inventions.