Patentanmeldungen in China
10. Q: Welche Erfordernisse muss eine Patentanmeldung bezüglich Mikroorganismen erfüllen?

China is a member state of Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purpose of Procedure. If the invention relates to a microbiological process or a product thereof and involes the use of a microorganism not being available to the public, the applicant must deposit a sample of the microorganism concerned with an international depository qualified under the Budapest Treaty before or at the least on the Chinese filing date or the priority date if the priority is claimed and furnish within 4 months thereafter a receipt of the deposit and the viability proof from the depositary institute concerned, indicating the scientific name (with its Lartin name) of the microorganism, the name of the depositary institution where the microorganism was deposited, the date and the file number of the deposit concerned. If a sample of microorganism is to be deposited with a depository designated by the Chinese Patent Office, please deposit a sample of the microorganism concerned with the Center for General Microbiological Culture Collection (CGMCC), China Committee for Culture Collections of Microorganisms, Zhongguancun,, Beijing 100080, China or China Center for Type Culture Collection (CCTCC), Wuhan University, Luojiashan, Wuhan 430072, Hubei, China. To deposit a sample of microorganism in China, an entry license shall be obtained in advance.

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