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1. Any patent application filed by foreign applicants to China
involving the deposit of micro-organism(viruses) and culture in the
deposit units designated by the Chinese Patent Office, shall in advance
entrust its or his foreign related patent agency to go through the formalities
before the Ministry of Hygiene or Ministry of Agriculture, Husbandry and
Fishery for the application of entry licenses.
Micro-organisms(viruses) and culture relating to human beings or
environmental hygiene shall be examined and approved by the Ministry of Hygiene;
Micro-organisms(viruses) and culture relating to animals and plants shall be
examined and approved by the Ministry of Agriculture, Husbandry and Fishery;
Micro-organisms(viruses) and culture relating to diseases suffered both by
human beings and animals shall be examined and approved jointed by the Ministry
of Hygiene and Ministry of Agriculture, Husbandry and Fishery after
consultation. The examination and approval authority shall make a decision
within one week after it receives the entry application for
micro-organisms(viruses) and culture, and notify the applicants
accordingly. 2. The examination and approval authority
shall make the examination and approval according to the laws and
regulations promulgated by the State. Importing Micro-organisms(viruses)and
culture shall be packaged in absolute safe containers and shall not cause
contamination of any kind.
3. Where going through the examination and approval formalities for the entry
licenses, the foreign related patent agency shall submit the following to the
examination and approval authority: name of the micro-organisms(viruses)and
culture which is the subject of the application for entry of the country,
source, quantity, use of such micro-organisms(viruses)and culture, and briefs
concerning whether such micro-organisms(viruses)and culture are dangerous
to human beings or animals. 4. After the application is approved
by the examination and approval authority, the foreign related patent agency may
inform the foreign applicant applying for patent applications in China to mail
or bring to China these micro-organisms(viruses) and culture. The foreign
related patent agency shall hand over to the Border Hygiene and
Quarantine Department or Port Plant and Animal Quarantine Department the related
certifying documents and the entry approval of the examination and
approval authority. The Border Hygiene and Quarantine
Department or Port Plant and Animal Quarantine Department shall make an
inspection and grant the pass for the objects concerned. Where the Border
Hygiene and Quarantine Department or Port Plant and Animal
Quarantine Department finds that the importing micro-organisms(viruses) and
culture are not in conformity with the accompanied documents, or where the
package or container does not meet the requirements, the
micro-organisms(viruses)and culture shall be returned, confiscated or
destroyed. 5. The micro-organisms(viruses) and culture deposit
units shall deposit the micro-organisms(viruses) and culture in a proper
way, insure their safe preservation, and take strict measures against its
dissemination.
6. Where anyone applies for the use of the deposited micro-organisms(viruses)
and culture for patent procedures for domestic exploitation, it or he, apart
from abiding by the "Provisions Concerning the Deposit of Micro-Organisms for
Patent Procedures" promulgate by the Chinese Patent Office, shall apply for the
approval of the Ministry of Hygiene or Ministry of Agriculture, Husbandry
and Fishery. |