Prosecuting a species

Dušan Djukić of Mark-Inventa discusses the requirements for properly supporting genus and species patent claims in Russia

To properly support genus and/or species claims in a patent application in Russia, there are number of issues that an applicant must consider before filing.

The subject matter of an invention can be a device, substance, microbial strain, culture of cells (cell lines) of plants and animals, or a genetic construct.

Genetic constructs include plasmids, vehicles, stably transformed cells of microorganisms, plants and animals, as well as transgenic plants and animals.

The title of an invention relating to a genetic construct must include its name and purpose, or a biological function that determines the purpose of a genetic construct.

A known microbial strain, cell line of plants and animals or a genetic construct of the same purpose must be specified as an analogue (prior art) of an invention relating to these. If the subject of invention includes several inventions, information on analogues must be given for each invention separately.

A genetic construct must be clearly revealed and described in the description of invention.

For characterising genetic constructs in an appropriate manner, to be understood and acceptable for examination, the following features may be used: structural elements, bonds between the elements, and relative position of the elements. Structural elements may be the following: enhancer, promoter, terminator, initiator, linker, paragraph of foreign gene, marker, or flanking regions.

The following features are used for characterising transformed cells: transforming element; features (properties) acquired by the cell; indication of cell origin (for prokaryotic cell, the genus, family and/or species); taxonomic features; mutation of natural genome; and conditions of cell culture and other characteristics sufficient to distinguish one cell from another.

The following features are used for characterising a transgenic plant: the presence of a modified element in genome; features (properties) acquired by the plant; plant origin; and taxonomic appliance and other characteristics sufficient to distinguish one plant from another.

The following features are used for characterising a transgenic animal: a gene and/or DNA transformed into genome of animal and a coding or expressing target product; features (properties) acquired by the animal; a modified product produced by the animal; and taxonomic appliance and other characteristics sufficient to distinguish one animal from another.

The claims characterising a genetic construct must include its name indicating the intended purpose or a biological function that determines the intended purpose, as well as features characterising the structural implementation.

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