Ancestral secret recipe to apply for a patent, how to apply for a patent for ancestral secret recipe

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 invention-creation 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 the invention or utility model 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.

The ancestral recipe is also an intellectual achievement, that is, an intangible asset, except that the main contributors are your ancestors. The general premise is that the buyer is willing to buy, and according to the relevant provisions of the General Principles of the Civil Law, it can be done in a way that the two parties can buy and sell intangible assets contract.

The ancestral recipe itself is patentable and patentable, but I don't recommend patenting it. In the process of applying for a patent, you must disclose the formula, dosage, preparation method, method of use, effective amount, etc., so that you have no secrets. Patent applications are not complicated, and with the help of professionals, it is relatively easy to authorize, but it will make the secret recipe lose its confidentiality.

Legal operation is mainly through the registration of drugs, but only in the name of a legal person, and it is extremely expensive, and clinical trials may also be required. At present, the drug transfer environment is not very ideal, and I know that some drugs that have obtained clinical approval and patents are difficult to transfer successfully, so I recommend that you think again. You must rely on formal medical institutions (if it is a rural area, your county hospital can) organize drug clinical trials and sort out the official test results, that is, effect observation reports.

This will then constitute the most important piece of evidence in your application materials.

The procedure for applying for a patent for an ancestral recipe is as follows:

1. The owner of the secret recipe shall submit the request, description, abstract and claims to the patent administration department in accordance with the law;

2. After receiving the invention patent application, the patent administration department shall conduct a preliminary examination for one and a half years and a substantive examination for three years;

3. If it passes the examination, it will be issued with an invention patent certificate.

Legal basis

Article 26 of the Patent Law.

Where an application is made for a patent for invention or utility model, a written request, a description and its abstract and claims shall be submitted.

Article 34.

After receiving an application for a patent for invention patent, if it is found to meet the requirements of this Law after preliminary examination, it shall publish it immediately after 18 months from the filing date. The patent administration department may publish the application at an early date at the request of the applicant.

Article 35.

Within three years from the filing date of an invention patent application, the patent administration department may conduct a substantive examination of the application according to the request of the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.

Article 39.

If no reason for rejection is found in the substantive examination of the invention patent application, the patent administration department shall make a decision to grant the invention patent right, issue a patent patent certificate, and register and announce it at the same time. The invention patent right shall take effect from the date of publication.

According to the provisions of the Patent Law of the People's Republic of China, the inventions and utility models for which a patent right is granted shall be novel, inventive and practical.

Novelty refers to the fact that the same invention or utility model has not been publicly published in domestic and foreign publications, publicly used in China or otherwise known to the public before the filing date, and there is no application for the same invention or utility model filed by others with the patent administration department and recorded in the patent application documents published after the filing date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the art existing before the filing date, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

Article 23 The design for which a patent right is granted shall be different or similar to the design that has been publicly published in domestic and foreign publications or publicly used in China before the filing date, and shall not conflict with the prior legal rights of others.

Article 24 The novelty of an invention-creation for which a patent application is made shall not be lost under any of the following circumstances within six months prior to the date of application:

1) It is exhibited for the first time at an international exhibition sponsored or recognized by China**;

2) It is first published at a prescribed academic conference or technical conference;

3) Others leak their content without the applicant's consent.

Article 25 No patent shall be granted for the following items:

a) scientific discoveries;

b) rules and methods of intellectual activity;

3) Diagnosis and method of disease;

iv) animal and plant varieties;

v) Substances obtained by the nuclear transformation method.

A patent may be granted in accordance with the provisions of this Law for the production methods of the products listed in subparagraph (4) of the preceding paragraph.

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.

Since it is an ancestral heirloom, it is recommended to use trade secrets to protect it. When you apply for a patent, you will be disclosed.