What does the patent law mean by inventions and creations relying on genetic resources?

The inventions and creations that rely on genetic resources as mentioned in the patent law refer to the inventions and creations that make use of the genetic functions of genetic resources. When applying for a patent for an invention-creation that relies on genetic resources, the applicant shall explain it in the request. Regarding the question of what inventions and creations relying on genetic resources are referred to in the patent law, the editor of Legal Savior Network will give you a detailed answer below.

1. What does the patent law mean by inventions and creations that rely on genetic resources?

1. The inventions and creations that rely on genetic resources as mentioned in the patent law refer to the inventions and creations that make use of the genetic functions of genetic resources. When applying for a patent for an invention-creation that relies on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department of the State Council.

2. Legal basis: "Implementing Rules for the Patent Law of the People's Republic of China"

Second Article 16 The term “genetic resources” as used in the Patent Law refers to materials obtained from human bodies, animals, plants or microorganisms that contain genetic functional units and have actual or potential value; the term “inventions and creations relying on genetic resources” as used in the Patent Law refers to the use of Inventions and creations that realize the genetic function of genetic resources.

When applying for a patent for an invention-creation that relies on genetic resources, the applicant shall explain it in the request and fill in the form formulated by the patent administration department of the State Council.

2. No patent rights are granted for inventions and creations based on genetic resources

No patent rights will be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.

Genetic resources as mentioned in the Patent Law refer to materials that contain genetic units and have actual or potential value taken from the human body, animals, plants or microorganisms; patents For the purpose of the law, inventions and creations that rely on genetic resources refer to inventions and creations that make use of the genetic functions of genetic resources.

Acquire or use genetic information in violation of laws and administrative regulationsSource refers to the acquisition or utilization of genetic resources without the prior approval of the relevant administrative departments or the permission of the relevant rights holders in accordance with the provisions of my country's relevant laws and administrative regulations. For example, in accordance with the provisions of the "Animal Husbandry Law of the People's Republic of China" and the "Measures for the Approval of the Import and Export of Livestock and Poultry Genetic Resources and Foreign Cooperative Research and Utilization of the People's Republic of China", the overseas export of livestock and poultry genetic resources listed in China's livestock and poultry genetic resources protection list must be Go through the relevant approval procedures, and the completion of an invention-creation depends on the export of certain livestock and poultry genetic resources from China that are included in the list of China's livestock and poultry genetic resources protection. If the approval procedures are not completed, the invention-creation cannot be granted a patent right.

According to the provisions of the "Patent Law Implementing Rules", the inventions and creations that rely on genetic resources as mentioned in the Patent Law refer to the inventions and creations that utilize the genetic functions of genetic resources. inventions and creations. When applying for a patent for an invention-creation that relies on genetic resources, the applicant shall explain it in the request. 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.