Patents on Microorganisms

Patents on Microorganisms

Microbiology is one of science fields which provide a large scale of promising developments of patentable inventions. Microbiology is a study of the biology of microscopic organisms (i.e. viruses, bacteria, algae, fungi, slime molds, and protozoa) (www.biology.pitt.edu).

In this article, we would like to give you some insight of patents on microorganisms in Indonesia in reference to the 2019 Technical Guidelines for Patent Substantive Examination.
In disclosing patents relating to microorganisms, the following points need to be considered to support clarity of the disclosure:

Writing the names of microorganisms

In principle, microorganisms must be characterized by scientific names in accordance with microbiological nomenclature. For example, genus and species names must be italicized, where the genus name begins with an uppercase letter while the species names must all be lowercase. Examples: Escherichia coli or E. coli, Salmonella sp., Rhizopus spp., etc.

Regarding strains

In the case of determining a strain of a microorganism, it must be characterized by the strain name following the species name (in accordance with microbiological nomenclature). If a microorganism cannot be characterized by a species name, it can be characterized by the strain name along with the genus name. If a strain of a microorganism has been stored, the strain can be characterized by a description of the accession number next to the species name or the strain name following the species name. Example: Bacillus subtilis FERM P-xxxxx strain

Regarding biological characteristics

Biological traits are taxonomically general traits, however, other microbiological traits (e.g., selective productivity of metabolites) can be described. Microorganisms that cannot be characterized by the species name should be characterized by the strain name together with the genus name, after explaining the reasons why the species name cannot be characterized. Furthermore, the microbiological characteristics of microorganisms should be described as follows depending on whether they are new strains or new species:

1. "Creable"
Inventions relating to microorganisms themselves or relating to the use of new microorganisms, the means for producing these microorganisms must be described so that someone skilled in the field can produce the microorganisms. Tools for producing microorganisms include tools for screening, tools for mutagenesis, tools for gene recombination, etc.

2. "Usable"br> The microorganism invention itself and the use of microorganisms must be described in such a way that the invention can be used by someone who is an expert in the field. Knowledge of how the invention can be used can be described in a detailed description of the invention, except where it can be understood by someone skilled in the field without such description, taking into account all descriptions of specifications (excluding claims), drawings and general knowledge at the time of registration.

Inventors looking to secure exclusive rights for their inventions can do so by registering their inventions through patents.
For more information about filing patent applications in Indonesia, please don’t hesitate to contact us or visit our official website https://amr.co.id. Our expert in this field will be pleased to assist you in prosecuting your inventions to be patented in Indonesia.

By: Nadyatul Khair

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