According to Article 25 of the Patent Law, it is clearly stipulated that "the invention for which a patent is applied involves a new microbial method or its product, and the microorganisms used are not available to the public. In addition to the relevant provisions of the Patent Law and these Rules, the applicant shall also go through the following procedures:
? (a) before the date of application, or at the latest on the date of application, submit the microbial strains to the microbial strain preservation unit designated by the Patent Office for preservation;
(two) in the application documents, provide information about the characteristics of microorganisms;
(3) The request shall specify the classification and nomenclature of the microorganism (indicating the Latin name), the name of the entity that has preserved the microbial strain, the date of submission and the preservation number, and attach the certification documents of the entity. "
Article 26 of the Rules also provides that:
"After the publication of an application for a patent for invention relating to microorganisms, any unit or individual that needs to use the microorganisms involved in the patent application for experimental purposes shall make a request to the Patent Office, stating the following items:
(a) the name and address of the inquirer;
(2) The guarantee that the applicant will not provide strains to anyone else;
(3) a guarantee that it will only be used for experimental purposes before the patent right is granted. "
In addition, special attention should be paid to the preservation of microbial strains!
However, not all inventions involving microbial methods and products have problems in the preservation of microbial strains when applying for patents. Only when the patented microbial invention realizes that "the microorganisms used are not available to the public", the applicant must send the microorganisms to the designated microbial strain preservation unit for preservation. If you have any other questions, please consult our unit.