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Drug formulations can only be applied for invention patents
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Of course, you can, the benefits of patenting drugs.
1) Promote market sales, the top 10 drugs sold in the market are protected by patents;
2) Enhance consumer confidence in purchasing, consumers have a high degree of trust in national patented products, and the transaction rate increases by about 50%;
3) Enjoy the treatment of high-tech enterprises For pharmaceutical companies with patents, if they obtain the certification of high-tech enterprises, the income tax will be greatly reduced, which is also the reason why pharmaceutical companies are keen to apply for patents;
4) In order to encourage the scientific and technological progress of enterprises, a large amount of subsidies are given every year for enterprises with patents, as long as the patent is authorized, the patents applied for by enterprises or individuals not only do not cost money, but will make money;
5) Monopoly market The low level of competition in the drug market is very serious, and each manufacturer relies on creating concepts to gain a competitive advantage, if there is a patent protected drug, everything becomes very simple, as long as the patent is valid, you can enjoy a 20-year market exclusivity period.
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When filing a patent application, the application documents can be submitted to the patent administration department in the form of paper or electronic documents. The documents required to apply for invention patents and utility model patents include: a request, a description and its abstract, and claims, and the description can be accompanied by drawings.
Since the Patent Law stipulates that an invention patent is subject to substantive examination only after the publication of the patent specification of the application, the purpose of submitting an advance disclosure statement is to enter the substantive examination as soon as possible, so as to shorten the period of patent application. Therefore, invention patents also need to submit two documents: the "Statement of Request for Advance Disclosure" and the "Request for Substantive Examination". After the application for a utility model patent is submitted, the Notice of Patent Acceptance can be obtained in about a week; About six to eight months, the Patent Office issues the Notice of Grant of Utility Model Patent and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months.
After the invention patent application is submitted, the "Notice of Patent Acceptance" can be obtained in about a week; After the application is submitted, the preliminary examination stage is carried out, and the examination is qualified, and the specification of the applied patent is disclosed in accordance with the advance disclosure statement, that is, the substantive examination stage is entered; If the substantive examination is qualified, the Notice of Grant of Invention Patent and the Notice of Registration Formalities will be issued. After paying the fee in time, the certificate will be issued in about two months. The invention patent application process takes about three years.
The documents required for a design patent include a request and the ** or ** of the design, and the "Notice of Patent Acceptance" can be obtained in about a week after the application is submitted; In about six months, the Patent Office issues the Notice of Grant of Design Patent Right and the Notice of Registration Formalities; After paying the patent registration fee and annual fee, the certificate will be issued in about two months. In addition, you can entrust a patent agency to apply for a patent.
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Whether an ancestral secret recipe can be patented depends on whether the secret recipe is the subject matter protected by the patent law. China's patent law protects the inventions-creations referred to in this law, which refers to inventions, utility models and designs. An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.
Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. Design refers to a new design that is aesthetically pleasing and suitable for industrial application made of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern. What we call ancestral secret recipes in real life usually refers to the recipe or production process, and it may also be the diagnosis and method of disease.
If it is a formula or manufacturing process, this can only apply for an invention patent. However, if it is a method of diagnosis and treatment of diseases, this kind of is not patentable. Specific to how to apply for a patent, you can hire a patent ** agency to write patent application documents, and submit the application documents to the national intellectual property rights, and if the national intellectual property rights meet the conditions for the grant of patent rights, you can obtain patent rights.
Legal basis: Article 26 of the Patent Law of the People's Republic of China provides that an application for an invention or utility model patent shall be submitted with a written request, a description and its abstract and claims. The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters.
The description shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of it by a person skilled in the art to which it belongs; Where necessary, drawings should be available. The abstract shall briefly describe the technical points of the invention or utility model.
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No, because this recipe can't be identified!
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Yes, it is estimated that the procedures are more complicated, and some patents have to pass the appraisal.
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First, the name of the invention: such as ** what disease. 2. Purpose of the invention:
Such as what is the effect on the country and the people. 3. Introduction: What kind of disease does the invented drug have, how it is caused, and its symptoms.
4. Prescription: 5. Function: 6. Indications:
How to produce and produce. Abstract of the Specification Claim Protection (Claims) Request Drawings of the Description: (Schematic diagram of the process flow) Everything is in place to submit the application.
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