The employees of the patent office and of the state variety commission have no right to file applications for plant varieties or to be mentioned as co - authors for the period of their labor relations with these state authorities and for three years after the termination of these relations , excluding the cases when the variety is a result of natural mutations , established during the examination as to substance , as per article 38 , paragraphs 1 and 2 6专利局与国家植物品种委员会的员工，在与这些政府机关存有劳资关系的期间或在此等关系终止后的三年内，无权提出植物品种的申请或被列为共同原创人，但如为依第38条第1和2项规定，于实质审查期间确定属于自然突变结果的品种，不在此限。
