What to look out for in a patent application involving biological materials

Hello, quack know that the network will answer for you. 1.To apply for a design patent at the application stage, the patent application documents shall include:

Application for a design patent, **or**. If the color protection is requested, the color ** or ** in duplicate shall also be submitted. If you submit **, you should all be **, and if you submit **, you should be **, and you should not mix ** or **.

If an explanation is required for ** or **, a brief description of the design shall be submitted. If a patent ** institution is entrusted, a power of attorney shall be submitted. If you apply for fee reduction, you should submit a request for fee reduction and the corresponding supporting documents.

2.During the examination stage, China implements a preliminary examination system for design patent applications. During the preliminary examination process, the examiner will issue a notice of amendment to the formal issues in the application documents.

The applicant made amendments to the notice. At the same time, the examiner will examine whether the client is a customer for design patent protection, and if there is a customer that is not a customer for design patent protection, the examiner will issue a notice of reasons for reasons for office, and the applicant will reply to the notice of reasons for reasons for office or revise the application documents. 3.

Grant Phase Grant: After passing the preliminary examination, the examiner will issue a notice of grant of patent rights. After receiving the notice of grant of patent right, the applicant needs to go through the following registration procedures:

Pay the patent registration fee, the annual fee of the year of grant, the printing fee of the public notice and the stamp duty on the patent certificate within the prescribed time limit. Issuance of Certificate: The applicant can obtain a patent certificate after completing the registration formalities.

The application time for a design patent in this section is about 2-3 months.

If the biomaterial was purchased commercially, the purchase should be stated**.

If the biological material is discovered and constructed by oneself and obtained through non-commercial means (and there is no commercial purchase channel), in this case, the biological material must be deposited, and the biological material must be deposited and a certificate of survival of the biological material for use in the patent application process must be obtained before the filing date. And at the time of the patent application, these materials are declared. Otherwise, it will be deemed that the disclosure is insufficient and no patent will be granted.

Methods for applying for a patent for an invention involving new biological material: In the application documents, provide information about the characteristics of the biological material, indicate the information of the biological material in the request and description, and indicate the name and address of the depositary unit, the date of deposit and the deposit number, etc.

[Legal basis].Article 24 of the Detailed Rules for the Implementation of the Patent Law.

If the invention for which a patent is applied relates to a new biological material which is not available to the public, and the description of the biological material is not sufficient to enable a person skilled in the art to carry out the invention, the applicant shall, in addition to complying with the relevant provisions of the Patent Law and these Regulations, go through the following formalities:

b) in the application documents, provide information on the characteristics of the biological material;

3) In the patent application involving the preservation of samples of biological materials, the classification and naming of the biological materials (indicating the Latin name), the name, address, date of preservation and the deposit number of the unit depositing the samples of biological materials shall be indicated in the request and description; if it is not specified at the time of application, it shall be supplemented and corrected within 4 months from the date of application; If it is not supplemented and corrected at the expiration of the time limit, it shall be deemed that it has not been submitted for deposit.

If the invention for which a patent is applied relates to a new biological material which is not available to the public, and the description of the biological material is not sufficient to enable a person skilled in the art to carry out the invention, the applicant shall, in addition to complying with the relevant provisions of the Patent Law and these Regulations, go through the following formalities:

1) Before the filing date or at the latest on the filing date (if there is a priority right, it refers to the priority date), submit the sample of the biological material to the depositary unit recognized by the patent administration department for safekeeping, and submit the deposit certificate and survival certificate issued by the depositary unit within 4 months from the filing date of the application or at the latest; If the certificate is not submitted at the expiration of the period, the sample shall be deemed not to have been submitted for deposit;

2) Provide information on the characteristics of the biological material in the application documents;

3) In the patent application involving the preservation of samples of biological materials, the classification and naming of the biological materials (indicating the Latin name), the name and address, date of deposit and the deposit number of the samples of biological materials shall be stated in the request and description; if it is not specified at the time of application, it shall be supplemented and corrected within 4 months from the date of application; If it is supplemented and corrected at the end of the period, it shall be deemed that it has not been submitted for deposit.

The applicant shall be deemed to have satisfied the requirements of item (3) above if the applicant has made an explanation for the deposit of samples of biological materials in accordance with the provisions of the Patent Cooperation Treaty. The applicant shall indicate in the declaration of entry into the Chinese national phase the documents that record the matters concerning the preservation of biological material samples and the specific location in the documents.

If the applicant has recorded the matters concerning the deposit of samples of biological materials in the description of the international application originally filed, but did not indicate it in the declaration of entry into the Chinese national phase, it shall be corrected within four months from the date of entry. If it is not supplemented and corrected at the expiration of the period, the biological material shall be deemed to have been submitted for safekeeping.

If the applicant submits the certificate of deposit of biological material samples and the certificate of inventory to the patent administration department within 4 months from the date of entry, it shall be deemed to have been submitted within the time limit specified in item (1) above.

China's "Detailed Rules for the Implementation of the Patent Law" (hereinafter referred to as the "Detailed Rules") stipulates that if the invention for which a patent is applied involves a new biological material, and the invention for which a patent is applied involves a new biological material, the biological material is not available to the public, and the description of the biological material is not sufficient to enable a person skilled in the art to carry out the invention, in addition to complying with the relevant provisions of the Patent Law and the Detailed Rules, The applicant shall also go through the following procedures: special provisions for the invention for which the patent is applied for involves new biological materials: (1) before the filing date or at the latest on the filing date (if there is a priority right, it refers to the priority date), submit the sample of the biological material to the depositary institution recognized by the patent administration department for safekeeping, and submit the deposit certificate and survival certificate issued by the depositary unit at the time of application or within 4 months from the filing date at the latest; If the certificate is not submitted at the expiration of the period, the sample shall be deemed not to have been submitted for deposit; b) in the application documents, provide information on the characteristics of the biological material; 3) In the patent application involving the preservation of samples of biological materials, the classification and naming of the biological materials (indicating the Latin name), the name, address, date of preservation and the deposit number of the unit depositing the samples of biological materials shall be indicated in the request and description; if it is not specified at the time of application, it shall be supplemented and corrected within 4 months from the date of application; If it is not supplemented and corrected at the expiration of the time limit, it shall be deemed that it has not been submitted for deposit. In addition, if the applicant for a patent for invention preserves a sample of biological materials in accordance with the above provisions, after the publication of the application for a patent for invention, any unit or individual who needs to use the biological materials involved in the patent application for experimental purposes shall submit a request to the State Intellectual Property Office and specify the following matters:

1) The name and address of the requester; (ii) an undertaking not to provide the biological material to any other person; (3) Before the grant of the patent right, it is only used for experimental purposes.

If the patent application involves biological materials (such as plasmids, bacteria, fungi, algae, animal and plant cell lines, etc.) that have never been disclosed, the certificate of preservation and survival of the biological materials issued by the authorized unit shall be submitted to the State Intellectual Property Office at the same time as the patent application or within four months from the filing date.

Biological material that does not need to be preserved: biological material that is commercially available to the public at home and abroad; Biological materials deposited by the patent offices of various countries or by depositary institutions designated by the International Patent Organization for use in patent proceedings are not subject to deposit if they have been published or granted in the patent gazette on the priority date or before the filing date of the patent application filed in China.

Biological materials that need to be preserved: biological materials held by individuals or units, deposited in institutions that are not used for patent procedure and are not publicly distributed, or cannot be obtained by the public before the filing date (priority date), such as biological materials newly created by means of screening, mutation, recombination, etc., are required to be preserved.