The issue of patenting the secret formula of traditional Chinese medicine

The secret recipe is not patentable. To apply for a patent, it is necessary to disclose the entire production process and the materials used, so it cannot be called a secret recipe. If you do want to apply, you can entrust a special ** agency.

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Beijing-Beijing].

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Submission time: 07-15 20:27 Very good technology, then apply to write the claims, the description and the application, but to apply for a patent, you do not have the time, energy and ability, it is recommended that you must entrust a professional patentee not to save money and lose a lot.

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If a patent is filed, there is only a twenty-year term of protection, and then it is disclosed. Moreover, because the patent application itself is made at the expense of disclosure, there is also a cost to prevent infringement by others. It is recommended that if the protection is better, it is better not to apply for a patent.

Don't apply for a patent, or you'll get into trouble.

1. How to apply for a patent for the ancestral secret recipe of traditional Chinese medicine.

1. The process of applying for a patent for the ancestral secret recipe of traditional Chinese medicine is as follows:

1) The owner of the secret recipe shall submit the request, description and its 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 of one and a half years and a substantive examination of three years;

3) If it passes the examination, a certificate of invention patent will be issued.

Legal basisArticle 37 of the Patent Law of the People's Republic of China.

If the patent administration department finds that the application for a patent for invention does not comply with the provisions of this Law after conducting a substantive examination of the application, it shall notify the applicant and require it to state its opinions within the specified time limit or revise the application; If the application is not answered within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.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.

2. What are the requirements for applying for a patent?

The requirements for applying for a patent are as follows.

1. The applicant is eligible to apply;

2. The object of the patent shall be one of the inventions, utility models and designs;

3. Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

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.

The prerequisite for a patent to be granted is the disclosure of the formula and dosage.

Have you thought about it clearly: the disclosure of the secret recipe of ancestral Chinese medicine in exchange for the right to protect the patent for 20 years? --This is still under the premise that you can authorize the patent and you have been paying the patent annuity fee (which also costs tens of thousands of dollars).

It is recommended to find a responsible and clear patentee to consult clearly before making a decision.

I think this kind of thing is handled confidentially.

I wouldn't have thought of applying for a patent.

Recipes like Coca-Cola have been kept secret for 100 years.