Patents (China) [Q34]
7. Q: What requirements need to be satisfied for a patent application in relation to biological material?

China is a member state of Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purpose of Procedure. If a biological material necessary for the completion of an invention related to a patent application is not available to the public, the applicant must deposit a sample of the biological material with a depository institution acknowledged by the State Intellectual Property Office (SIPO) before the date of filing, or, at the latest, on the date of filing (or the priority date where priority is claimed); state in the request and the description, the name and address of the depository institution with which the sample of biological material was deposited, the date on which the sample was deposited, the accession number of the deposit, and the scientific name of the biological material (with its Latin name); provide in the application document relevant information of the characteristics of the biological material; and submit, on the date of filing or within four months from the date of filing, a certificate of deposit and a certificate of viability of the biological material issued by the depository institution.
If a sample of biological material is to be deposited with a depository designated by the Chinese Patent Office, please deposit a sample of the biological material 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. For foreign applicants, to deposit a sample of biological material in China, an entry license shall be obtained in advance.


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