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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART C GUIDELINES FOR SUBSTANTIVE EXAMINATION PART B PART D  
CHAPTER II CONTENT OF A EUROPEAN PATENT APPLICATION (OTHER THAN CLAIMS) CHAPTER I INTRODUCTION CHAPTER III CLAIMS  
6. Inventions relating to biological material 5. Drawings 7. Prohibited matter  
6.1 Biological material   6.2 Public availability of biological material  

6.1

Biological material

 

Applications relating to biological material are subject to the special provisions set out in Rule 31. In accordance with Rule 26(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 31(1), (2), first and second sentences, and Rule 33(1), first sentence, have been met.

Rule 26(3)

Rule 31(1)




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