The Methods for Deposit of Biological Materials for the Purposes of Patent Procedure (hereinafter referred to as the Methods) revised by State Intellectual Property Office have already been implemented since March 1, 2015.
As relevant responsible person from Department of Treaty and Law of State Intellectual Property Office said that, the Methods were revised based on the existing Patent Law and its enforcement regulations, which have already fully taken in consideration the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. The main content for revision includes: The stylistic rules and layout of the Methods have been adjusted; it mainly stipulates the rights and obligations of State Intellectual Property Office, deposit unit, and parties therein during the process of deposit of biological materials and supply of biological samples, including the responsibilities of deposit unit, the period for the deposit unit to undertake the confidentiality, cases that the deposit unit would not keep any biological material, and other matters related to deposit of biological materials should be published in the form of announcement or filed with the State Intellectual Property Office after being published by the deposit unit; while such important procedural rules that how the deposit unit could supply biological samples to others and how it could dispose of the biological samples after the expiration of deposit period have also been supplemented and improved.
It is introduced that the Methods for Deposit of Microorganisms for the Purposes of Patent Procedure (No.8 Announcement) published by the previous China Patent Office in 1985 also stipulated matters related to deposit of biological materials. In 2013, after carrying out evaluation for the system for deposit of biological materials for the purposes of patent procedure, the State Intellectual Property Office found out that the No.8 Announcement could no longer meet the practical need after China became a party of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and the users’ demand of China has already been changed. In addition, the State Intellectual Property Office also start revising the Methods at the beginning of 2014. (Source: State Intellectual Property Office website)