1. How to process new biological materials for inventions applying for patents
1. If the invention for which a patent is applied for involves new biological materials that are not available to the public, and the description of the biological materials is not sufficient to enable those skilled in the field to implement the invention, the invention shall comply with the relevant provisions of the Patent Law and these Rules. In addition, the applicant should also go through the following procedures:
(1) Before the filing date or at the latest on the filing date (if there is priority, it refers to the priority date) , submit the sample of the biological material to a depository unit recognized by the patent administration department of the State Council for preservation, and submit the preservation certificate and survival certificate issued by the depository unit at the time of application or at the latest within 4 months from the date of application; if the certificate is not submitted upon expiration of the time limit, , the sample is deemed not to have been submitted for deposit;
(2) Provide information on the characteristics of the biological material in the application document;
(3) A patent application involving the preservation of biological material samples shall state in the request and description the classification and naming of the biological material (indicate the Latin name), the name of the biological material sample to be preserved, and the name of the biological material sample. The name, address, preservation date and preservation number of the unit; if they are not specified when applying, they must be supplemented and corrected within 4 months from the date of application; if they are not supplemented or corrected within the time limit, it will be deemed that the deposit has not been submitted.
2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"
Second Article 14 If the invention for which a patent is applied for involves new biological materials that are not available to the public, and the description of the biological materials is not sufficient to enable those skilled in the field to implement the invention, the invention shall comply with the relevant provisions of the Patent Law and these Rules. In addition to the regulations, the applicant shall also go through the following procedures:
(1) Before the filing date or at the latest on the filing date (if there is priority, the priority date shall be referred to ), submit the sample of the biological material to the State Council expertIt shall be preserved by a depository unit recognized by the administrative department, and the preservation certificate and survival certificate issued by the depository unit shall be submitted at the time of application or at the latest within 4 months from the date of application; if the certificate is not submitted upon expiration of the period, the sample shall be deemed not to have been submitted for preservation;
(2) Provide information about the characteristics of the biological material in the application documents;
(3) A patent application involving the preservation of biological material samples shall state in the request and description the classification and naming of the biological material (indicate the Latin name), the name and address of the unit where the biological material sample is preserved, the date of preservation and the date of preservation. Number; if it is not specified when applying, it must be supplemented and corrected within 4 months from the date of application; if it is not supplemented or corrected within the expiration of the time limit, it will be deemed that it has not been submitted for preservation.
2. What are the procedures for applying for an invention patent?
1. Application: The patent applicant shall submit an application to the Patent Office affiliated to the State Intellectual Property Office.
2. Preliminary examination: After the patent administration department of the State Council receives the invention patent application, and upon preliminary examination it is deemed that it meets the requirements of the patent law, the applicant shall be eighteen years old from the date of application. It will be announced in a few months. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
3. Substantive examination: Within three years from the filing date of an invention patent application, the patent administration department of the State Council may conduct substantive examination of the application according to the request made by the applicant at any time. review. When the patent administration department of the State Council deems it necessary, it may conduct a substantive examination of an invention patent application on its own.
4. Registration: If no reason for rejection of the invention patent application is found after substantive examination, the patent administration department of the State Council will make a decision to grant the invention patent right and issue the invention patent Certificate, registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
5. Rejection of the application: After the patent administration department of the State Council conducts a substantive examination of the invention patent application, it considers that it does not comply with the provisions of the Patent Law, and after the applicant states its opinions or After modification, if the patent administration department of the State Council still considers that the application does not comply with the provisions of this Law, it shall be rejected.
6. Reexamination: If the patent applicant is dissatisfied with the decision of the Patent Administration Department of the State Council to reject the application, he or she may submit a request to the Patent Administration Department within three months from the date of receipt of the notice.Request for reexamination by the Patent Reexamination Board.
7. Invalid application: From the date when the Patent Administration Department of the State Council announces the grant of a patent right, any unit or individual believes that the grant of the patent right does not comply with the requirements of the Patent Law. If specified, the Patent Reexamination Board may be requested to declare the patent right invalid.
8. Administrative litigation: The patent applicant is dissatisfied with the Patent Reexamination Board's review decision to reject the application, or the party concerned declares the patent right invalid or maintains the patent against the Patent Reexamination Board. If you are dissatisfied with the decision, you may file a lawsuit with the People's Court within three months from the date of receipt of the notice.
According to the provisions of the "Patent Law Implementing Rules", the invention applied for patent involves new biological materials, which are not available to the public, and the biological materials are not available to the public. If the description is not sufficient to enable skilled personnel in the relevant field to implement the invention, the applicant must submit the sample of the biological material to a depository unit recognized by the patent administration department of the State Council for preservation and other procedures. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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