Application conditions for patent of traditional Chinese medicine formula

Legal analysis: 1. The patented drug has no medical effect or the medical effect is not credible. Some applications never disclose the function of the drug in the specification and claims, but only give the composition and preparation method of the drug. This application has no use value and practicality, because drugs have no medical effect; If the medical effect of the applied drug is not credible, and the applicant has no credible evidence to prove the exact medical effect of the patented drug, in this case, the applied drug is not practical because it has no medical effect.

2, the patent application of drugs, its raw materials can not be industrialized production or mass reproduction of substances. If the application is for a product, then the product must be able to be manufactured in industry. If some ingredients in the raw materials of patented drugs are only suitable for manual production, or its output is too low to be produced on an industrial scale at all, this product has different practicability.

3, the drug in the patent application, its effect may be detrimental to the public interest.

4. The pharmaceutical preparation method in the patent application is limited to manual operation, which is not suitable for industrial production.

Legal basis: Article 50 of the Patent Law of People's Republic of China (PRC). Where the patentee voluntarily declares in writing to the patent administration department of the State Council that he is willing to license any unit or individual to exploit his patent, and specifies the payment method and standard of the license fee, the patent administration department of the State Council shall make an announcement and implement an open license. Where a patent for utility model or design applies for a public license statement, a patent evaluation report shall be provided. Where the patentee withdraws the declaration of opening license, it shall make a written statement and make an announcement by the patent administration department of the State Council. The withdrawal of the statement of open license through public announcement shall not affect the effectiveness of the previously granted open license.