What is the biological material in Chinese Patent system?
关键词/Keywords： biological material, deposit
If a Patent application concerns a new biological material which is not available to the public, and which can not be described in the statutory way, the applicant shall deposit a sample of biological material before or on the date of filling (Rule 25 of the Implementing Regulation of Patent Law). But the concept of "biological material" is not defined in the patent law and it’s implementing regulation…
As the complementary of the Chinese patent law, the Guideline of Patent Examination explains this definition under the consideration of international agreement, esp. the Budapest Treaty on the International Recognition of Deposit of Microorganisms for the Purpose of Patent Procedure.
Biological Material means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system, such as gene, plasmid, microorganism, animal, plant and so on. ( 9.Chapter 10 Part II Guideline)
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