Biotechnology is one of the most important technology in our industrial society. It improves human health creating jobs, promoting economy ...... etc. Developed countries promote biotechnology by providing patent Protection, so does our country. However, the traditional patent requirements may not be applicable for biotechnology due to its character many patent applications of biotechnology inventions are rejected because they don't meet "inventive step" requirement. U.S. Patent Law and established new provision of nonobviousness for biotechnology process invention. We did provide new guideline for biotechnology, but only for microorganism. The conclusion of this article suggests we may establish a new standard of inventive step for biotechnology in our patent law. In the meantime, we shall keep in mind the balance of patent protection of biotechnology and promotion of industrial technology.