What should be explained for inventions and creations that rely on genetic resources?

For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons. Regarding the question of what content should be explained for inventions and creations that rely on genetic resources, the editor of Legal Savior Network will give you a detailed answer below.

1. What should be explained for inventions and creations that rely on genetic resources

1. For inventions and creations that rely on genetic resources, the applicant shall explain the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.

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

Twenty-sixth When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted.

The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.

The instruction manual shall provide a clear and complete description of the invention or utility model, and shall be subject to the ability of a skilled person in the technical field to realize it; when necessary, there shall be appended documents. picture. The abstract should briefly describe the technical key points of the invention or utility model.

The claims should be based on the description and clearly and briefly define the scope of patent protection requested.

For inventions and creations that rely on genetic resources, the applicant should explain the direct source and original source of the genetic resource in the patent application document; the applicant cannot explain the original source Yes, the reasons should be stated.

2. What issues should be considered when applying for a patent?

(1) Clarify the ownership of patent rights

Perform the tasks of the unit or mainly use the unit material technologyThe invention-creation completed under the conditions is a service invention-creation. The right to apply for a patent for a service invention-creation belongs to the unit; after the application is approved, the unit becomes the patentee.

For non-service inventions and creations, the right to apply for a patent belongs to the inventor or designer; after the application is approved, the inventor or designer is the patentee.

For inventions and creations completed by utilizing the unit’s material and technical conditions, the unit has a contract with the inventor or designer, regarding the right to apply for a patent and the ownership of the patent right. Make an agreement.

(2) Patent type and protection period

1. Invention: refers to the product , methods or new technical solutions proposed by their improvements. The protection period is 20 years.

2. Utility model: refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use. The protection period is 10 years.

3. Appearance design: refers to a new design of a product’s shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial applications. . The protection period is 10 years.

(3) Determine whether the conditions for patent application are met

1. Novelty: refers to Before the application was submitted to the Patent Office, the same invention-creation had not been publicly published in domestic or foreign publications; it had been publicly used domestically or otherwise known to the public. Before the application was submitted, no identical invention or utility model had been published. Others have filed applications with the Patent Office.

2. Creativity: Compared with the existing technology before the date of application submission, the invention has outstanding substantive features or significant progress. The utility model has Substantive features and advancements.

3. Practicality: means that the invention can be mass-produced in the production of industry, agriculture and other industries, or can be applied in industry or life, and can produce positive effects.

According to the provisions of the Patent Law, for inventions and creations that rely on genetic resources, the applicant should explain the direct source and original origin of the genetic resources in the patent application document. Source; if the applicant cannot explain the original source, he should state the reasons. I hope the above content can be helpful to you. If you have any other questions, pleaseClick the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.