Special rules for applying for a patent

Special provisions for applying for a patent The special provisions for applying for a patent mean that the patent application 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 realize their inventions. The applicant applies If the patent meets the above conditions, the applicant's application must not only meet the relevant requirements of the "Patent Law of the People's Republic of China" and its implementation rules, but also must perform the following procedures: 1. The applicant must apply before the application date or at the latest on the application date (with Priority, 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 issued by the depository unit at the time of application or at the latest within four months from the date of application. Proof of survival; if the certificate is submitted before the expiry of the period, the sample will be deemed not to have been submitted for preservation; 2. Provide information on the characteristics of biological materials in the application documents; 3. Patent applications involving the preservation of biological material samples should be included in the request and instructions State the classification and nomenclature of the biological material (indicate the Latin name), the name, address, preservation date and preservation number of the unit where the biological material sample is stored; if it is not stated when applying, it must be supplemented and corrected within four months from the date of application. , if it has not been corrected upon expiration, it will be deemed not to have been submitted for deposit; 4. After the invention patent is announced, any unit or individual who wants to use the biological materials involved in the patent application for experimental purposes should submit a request to the Patent Administration Department of the State Council, The following matters should be stated in the request: 1. The name or name and address of the applicant; 2. The biological material is not guaranteed to be provided to anyone else; 3. It is only used as a guarantee for experimental use before the patent is granted.