The patent rights of scientific research drugs, the licensing department of pharmaceutical patents i

The title doesn't seem to be clear.

Legal Analysis: A drug that you have researched yourself can apply for a patent. As long as it meets the conditions for patent application, it can apply for patent protection if it is novel, inventive and practical, and in addition, the drug formula can only apply for invention patent protection.

According to the relevant laws and regulations, no unit or individual may suppress an inventor's or designer's application for a patent for non-service invention-creation.

Legal basis: Patent Law of the People's Republic of China

Article 2 The term "invention-creation" as used in this Law 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 on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

Article 7 No unit or individual may suppress an inventor's or designer's application for a patent for a non-service invention-creation.

Answer]: E State Intellectual Property Office (State Intellectual Property Office), formerly known as the National Patent Office of the People's Republic of China (hereinafter referred to as the China Patent Office). In 1998, the Chinese Patent Office was renamed as the State Naqi Intellectual Property Office, which became a direct subordinate institution of the People's Republic of China.

The Patent Office of the State Intellectual Property Office is a public institution under the State Intellectual Property Office. The State Intellectual Property Office entrusts the acceptance, examination, reexamination and authorization of patent applications and the examination of invalidation requests to the Patent Office of the State Intellectual Property Office.

Legal analysis: Pharmaceutical patents, sometimes referred to as drug patents, are patents applied for drugs, including different types of patents such as drug product patents, drug preparation process patents, and drug use patents.

Article 1 The Beijing Intellectual Property Court shall have jurisdiction over the first-instance case of a dispute over whether a dispute over whether a dispute is within the scope of protection of the patent right initiated by a party in accordance with Article 76 of the Patent Law.

Article 2 The relevant patents mentioned in Article 76 of the Patent Law refer to the patents that are subject to the specific bridging measures of the relevant administrative departments on the resolution of patent disputes in the stage of drug marketing authorization approval and drug marketing authorization application (hereinafter referred to as the bridging measures). The term "interested party" as used in Article 76 of the Patent Law refers to the licensee of the patent referred to in the preceding paragraph and the relevant marketing authorization holder of the drug.

Legal analysis: A drug can be patented, as long as the drug has novelty, inventiveness and practicability, and there is no problem with the application materials submitted, the patent administration department will grant the applicant a patent. Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed a petition for the same invention or utility model with the patent administration department before the filing date, and recorded it in the patent application documents or published patent documents published after the filing date.

Inventiveness refers to the fact that compared with the prior art, the invention has outstanding substantive features and significant progress, and the utility model has substantial characteristics and progress. Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

Legal basis: Article 22 of the Patent Law of the People's Republic of China for which a patent right is granted shall be novel, inventive and practical. Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, 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. For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.