The State Council recently announced the "Decision of the State Council on Amending the Implementing Rules for the Patent Law of the People's Republic of China" (hereinafter referred to as the "Decision"). The revised "Detailed Implementation Rules for the Patent Law of the People's Republic of China" 》 will come into effect on February 1, 2010.
The person in charge of the Legislative Affairs Office introduced that in order to implement the patent law, the source of genetic resources should be stated when applying for a patent for an invention that relies on genetic resources. The "Decision" is based on the " The provisions of the Convention on Biological Diversity clarify the definition of "genetic resources" and stipulate that "genetic resources" refer to materials that contain genetic functional units and have actual or potential value taken from humans, animals, plants or microorganisms.
At the same time, considering that some inventions and creations utilize biological resources but do not utilize genetic functions, they should not fulfill the obligation to disclose source information of genetic resources. The Decision "Inventions and creations that rely on genetic resources" are defined as inventions and creations that make use of the genetic functions of genetic resources.
In addition, the "Decision" also stipulates the method of disclosing the source information of genetic resources: when applying for a patent for an invention-creation that relies on genetic resources, the applicant should include in the request Explain.
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