The 3rd amended Chinese Patent Law, which came into effect on October 1, 2009, regulates the reveal of genetic resources:
Article 5.2
No patent right shall be granted for an invention-creation of which the completion depends on genetic resources, but the acquisition or exploitation of said genetic resources violates the relevant laws and administrative regulations of the State.
Article 27.5
For an invention-creation, the completion of which depends on genetic resources, the applicant shall indicate the direct source and original source of said genetic resources in the application documents; The applicant shall state reasons if the original source of said genetic resources can not be indicated.
According to these articles, no patent right may be granted for the invention-creation which is completed based on the genetic resources if the acquisition or exploitation of these genetic resources violates the relevant laws and regulations. For an invention-creation of which the completion depends on genetic resources obtained legally or foreign genetic resources, the applicant shall declare the direct source and original source of said genetic resources.
The genetic resources said in Chinese Patent Law refers to the material obtained from human body, animals, plant or micro-organisms, containing functional units of heredity, and having actual or potential values. The functional units of heredity mentioned above refer to genes of organisms, or DNA or RNA fragments having hereditary functions. For those invention-creations, which utilizes the so-called material of genetic resources but does not utilize the hereditary function thereof, the source of said genetic resource needn't to be revealed. For example, the extraction of xylitol from certain wild soybean.
The documents for revealing the sources can be submitted with the application simultaneously, and also can be submitted upon the request of examiner during the substantive examination stage.
Direct source refers to the direct channel of acquiring the genetic resources. It comprises time, place, method, provider and other information of obtaining the genetic resources. Original source refers to the collecting locus of the primary environment of the organism that the genetic resources belong to. It comprises time, place, provider and other information of collecting the organism of the genetic resources. The applicant shall state reasons if the original source of said genetic resources can not be indicated.
