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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.
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. 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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