China's Patent Law, which was revised in 2008, introduces a
new stipulation that "no patent right shall be granted for any
invention-creation which is completed on the basis of genetic
resources of which the acquisition or use breaches the stipulations
of related laws and regulations" (Article 5 paragraph 2). The
purpose of the new stipulation is to regulate the act of acquiring
and using genetic resources by way of violating the Convention on
Biological Diversity and the related stipulations of China's
laws, making inventions by employing genetic resources and filing
applications for patent rights on those inventions. That is, no
patent right shall be granted for such inventions. In order to
ensure the implementation of this stipulation, the revised Patent
Law introduces a further stipulation that "an applicant who
files a patent application for an invention-creation completed on
the basis of genetic resources shall in the patent application
document indicate the
