Traditional Chinese medicine formulas can be patented, with the following exceptions: 1. Traditional Chinese medicine formula lacks novelty, creativity and practicality; 2. The formula of traditional Chinese medicine violates laws, social morality or harms public interests; 3. Other circumstances.
Legal objectivity:
patent law of the people's republic of china
second
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
patent law of the people's republic of china
Article 22
Inventions and utility models granted patent rights should be novel, creative and practical.
patent law of the people's republic of china
Article 5
No patent right shall be granted for inventions and creations that violate laws, social morality or harm public interests.
No patent right shall be granted to inventions and creations obtained or utilized in violation of laws and administrative regulations and completed by relying on genetic resources.