Methods for applying for patents involving new biological materials: Provide information about the characteristics of the biological material in the application document, and state the information about the biological material and the name of the depository unit in the request and description. , address, preservation date and preservation number, etc.
Legal Basis
Article 24 of the Implementing Rules of the Patent Law
The invention for which the patent is applied for involves new biological materials, which are not available to the public , and the description of the biological material is not sufficient to enable a person skilled in the field to implement the invention, in addition to complying with the relevant provisions of the Patent Law and these Rules, the applicant shall also go through the following procedures:
( 2) In the application documents, provide information about the characteristics of the biological material;
(3) A patent application involving the preservation of biological material samples should indicate the classification and naming of the biological material in the request and description ( Indicate the Latin name), the name, address, preservation date and preservation number of the unit that deposits the biological material sample; if it is not stated in the application, it shall be corrected within 4 months from the date of application; if it is not corrected within the period, it shall be regarded as Not submitted for deposit.