In the 2000s, discussions began on the role of intellectual property rights in synthetic biology, known as the further development of modern biotechnology. Synthetic biology is rapidly developing with the development of bioinformatics and computer software. Biotechnology and computer software are already struggling with existing patent systems, but synthetic biology that combines both fields will face greater challenges. In fact, there is no doubt that products using synthetic biology and core technologies of synthetic biology are subject to intellectual property rights. However, there is much controversy over whether “discovered” or “synthesized” genes, DNA sequences, and organisms using genetic scissors are protected by intellectual property rights. Therefore, this paper focuses on the concept of synthetic biology, which is discussed in the Convention on Biodiversity, and then examines the types and contents of intellectual property protection in synthetic biology. In addition, this study intends to consider whether it is appropriate to minimize intellectual property rights, to maximize the invention, or to seek a third method for the development of the domestic synthetic biology industry.