How to apply for prescription patent

Legal analysis: An application for a prescription patent needs to provide the following contents: 1. Composition of prescription and content of each component; 2. Provide the preparation method of the medicine; 3. Need to provide the use method and effective dosage of drugs; 4. Need to come up with pharmacodynamic test report and clinical trial summary.

Legal basis: People's Republic of China (PRC) Patent Law.

Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.

Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.