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 33(1), first sentence, have been met.

For inventions based on biological material of plant or animal origin or using such material, it is recommended that the application, where appropriate, includes information on the geographical origin of such material, if known. However, this is without prejudice to the examination of European patent applications and European patents (EU Dir 98/44/EC, rec. 27).

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