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.
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