What are the application procedures and related procedures for pharmaceutical patents?

Pharmaceutical formulation technologies are generally applied for invention patents.

Invention patent application process:

1.To search for the same type of patent, you can search independently, or you can entrust a more comprehensive search by ** institutions.

2.Prepare the application documents and submit them to proceed to the application process.

3.Obtain a Notice of Acceptance.

4.Preliminary examination. For invention patent applications, the application for invention patents shall first be subject to confidentiality examination before the preliminary examination, and if confidentiality is required, it shall be handled in accordance with the confidentiality procedures.

5.Publication phase.

6.Substantive examination. Conduct a comprehensive examination of whether the patent application has novelty, inventive step, applicability and other substantive conditions stipulated in the Patent Law.

7.Authorization phase.

It takes about 2 years from the date of submission of the patent application documents to the Patent Office, and the invention patent is granted in about 2 years.

Preparation of invention patent application materials:

Request, claims, description, drawings of the description, abstract drawings, abstract drawings, technical disclosure copy, identity certificate of the applicant, a copy of the business license for the company's application, and a copy of the ID card for the application of a natural person.

Pharmaceutical patents are invention patents.

Application procedures: Prepare the patent application materials and the applicant's identity certificate, submit a patent application to the State Intellectual Property Office, wait for the approval of the application, pay the annual fee, certificate fee, stamp duty and tax, and then the certificate can be issued.

Application process for invention patent:

Submit your application. The State Intellectual Property Office issues an electronic receipt.

A notice of acceptance is issued.

Enter the notice of substantive examination.

Issuance of an examination opinion or approval of the examination.

A notice of formalities is issued.

Payment. Warrants.

Steps to apply for a drug patent:

1. To apply, the applicant submits the request, specification, claims and other documents to the patent administration department;

2. The patent administration department shall check the materials and accept them in accordance with the law;

3. The patent administration department shall conduct the preliminary examination and substantive examination in accordance with the law;

4. Issue a certificate of invention patent, and register and announce it at the same time.

[Legal basis].

Article 26 of the Patent Law, which came into force on June 1, 2021.

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.

What is the process of applying for a patent for a drug? As a special product, drugs require a lot of manpower and financial resources to be invested in the development process. When inventing a new drug, you can apply for a relevant patent to obtain legal protection.

So how do you apply for a drug patent and the process? Today, intellectual property rights will take you to understand the application for drug patents and the patent application process, I hope it will be helpful to all friends who want to handle it.

How to apply for a drug patent and the drug patent application process?

1.Pre-application inquiries.

The patented technology declared by China, the patented technology declared by China, etcEurope. The search system of the major patents is used to determine the novelty of the technology.

2.Preparation of application documents.

1) Where an application for an invention patent is made, the application documents shall include: a request for an invention patent. Summary.

Drawings of the description (applicable time), in duplicate. For an invention patent application involving amino acid or nucleotide sequences, the specification shall include a sequence listing, submit the sequence listing as a separate part of the specification, and write page numbers consecutively with the description, and submit a CD-ROM or floppy disk that complies with the provisions of the State Intellectual Property Disclosure and Disclosure Office.

2) Where an application is made for a utility model patent, the application documents shall include: a request for a utility model patent. Summary. Abstract drawings (where applicable).Instructions. Claims. Drawings of the description in duplicate.

3) Where an application for a design patent is made, the application documents shall include: a written application for a design patent. **or** (if color protection is required, the color **or** should be submitted) and a brief description of the design, in duplicate each.

If you submit **, both copies are **, and if you submit **, both copies are **, and you must not mix ** or **.

3.The department that receives the patent application.

When the applicant applies for a patent, he or she can submit the application documents to the acceptance window of the Patent Office of the State Intellectual Property Office or send them to the "Patent Office Acceptance Office of the State Intellectual Property Office" (hereinafter referred to as the Patent Office Acceptance Office), or to the acceptance window of the Patent Office ** Office of the local State Intellectual Property Office (hereinafter referred to as the Patent Office ** Office) or send it to the "Patent Office Agency" for receipt.

4.Apply for a patent.

The necessary application documents shall be submitted for a patent application and the fees shall be paid in accordance with the regulations. Patent applications must be filed in the form of paper or electronic applications. Paper or electronic filing documents cannot be substituted for oral instructions or the provision of samples or models.

5.Patent Approval Procedures.

According to the Patent Law, the examination and approval procedure for an invention patent application includes acceptance. Trial. Unveil.

There are five phases of actual review and authorization. If a patent application for a utility model or design is not published and substantively examined in the examination and approval process, it can only be accepted. There are three stages: preliminary examination and authorization.

The above is what is the process of applying for a patent for a drug? related content. This question is answered here, if you want to apply for a patent, please log in intellectual property, we have many years of professional intellectual property experience, professional business team and the concept of serving customers wholeheartedly, can help you apply smoothly.

Pharmaceutical patent application patent application process.

Procedures to be followed to apply for a patent for a drug:

1. Patent application;

2. Acceptance; 3. Preliminary examination;

4. Publicity; 5. Request for substantive examination;

6. Substantive examination;

7. Authorization. 1. How long is the examination time for an invention patent application?

Examination time for invention patent application: the application for invention patent to authorization, the whole process is completed in the examination, in accordance with the provisions of the Patent Law, after the patent administration department receives the invention patent application, it must go through a series of approval procedures such as preliminary examination, substantive examination, authorization and announcement, and the length of time required to complete these procedures depends on the progress of each link, there is no exact provision, generally 6 18 months.

2. How long does it take for a patent to take effect on the substantive examination?

It generally takes one and a half years from the publication of a patent to the effectiveness of substantive examination. According to the relevant provisions, after receiving an application for a patent for invention, if it is found to meet the requirements of this Law after preliminary examination, the patent administration department shall publish it immediately after 18 months from the date of filing. If the substantive examination is conducted within three years from the filing date and no reason for rejection is found after the substantive examination, a patent for invention shall be issued.

3. How long does it take for a national invention patent to be obtained from application to obtain.

It takes three years from the application to the acquisition of a national invention patent. For invention patents, except for some invention patents that need to be kept confidential, general invention patents need to go through the stages of acceptance, preliminary examination, publication, actual review and authorization announcement. In general, the announcement will be made 18 months from the date of acceptance, followed by the substantive examination stage.

Generally, it takes about 3 years to obtain authorization, but it does not rule out a longer period of time. In order to speed up the time limit for obtaining a patent right, it is possible to apply for early disclosure, and after passing the preliminary examination, it can be published, and then the substantive examination stage can be entered. For utility model and design patents, they need to go through the stage of acceptance, preliminary examination and authorization announcement, and since there is no need for substantive examination, the time for utility model and design patents to be granted is relatively short, generally 6-10 months.

Article 26 of the Patent Law stipulates that an application for a patent for invention or utility model 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. The claims shall be based on the description and clearly and concisely define the scope of the claimed patent protection. For inventions and creations that rely on genetic resources, the applicant shall indicate in the patent application documents the direct and original nature of the genetic resources; If the applicant is unable to explain the original **, the reasons shall be stated.