Guidelines for Examination
PART C
CHAPTER II CONTENT OF A EUROPEAN PATENT APPLICATION (OTHER THAN CLAIMS)
6. Inventions relating to biological material
6.1 Biological material
 

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PART C
CHAPTER II CONTENT OF A EUROPEAN PATENT APPLICATION (OTHER THAN CLAIMS)CHAPTER II CONTENT OF A EUROPEAN PATENT APPLICATION (OTHER THAN CLAIMS)
6. Inventions relating to biological material6. Inventions relating to biological material
       6.2 Public availability of biological material6.2 Public availability of biological material  
 

6.1

Biological material

 

Applications relating to biological material are subject to the special provisions set out in Rule 28. In accordance with Rule 23b(3), the term "biological material" means any material containing genetic information and capable of reproducing itself or being reproduced in a biological system. If an invention involves the use of or concerns biological material which is not available to the public and which cannot be described in the European patent application in such a manner as to enable the invention to be carried out by a person skilled in the art, the disclosure is not considered to have satisfied the requirements of Art. 83 unless the requirements of Rule 28(1), (2), first and second sentences, and (3), first sentence, have been met.

 

Rule 23b(3)

Rule 28(1)