Article 25 of the Patent Law stipulates that:
Article 25 No patent right shall be granted to the following projects:
(1) scientific discoveries;
(2) rules and methods of intellectual activities;
(3) Methods of diagnosis and treatment of diseases;
(4) Species of animals and plants;
(5) substances obtained by nuclear transformation;
(six) the design of the pattern, color or the combination of the two.
The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.
If the medical uses of substances are "for treating diseases", "for diagnosing diseases" and "for manufacturing"
For the application of drugs "and so on, belong to the category of patent law.
Article 25, paragraph 1 (3), "Diagnosis and treatment of diseases", because
This cannot be patented; However, because drugs and their preparation methods can be granted according to law.
If the patent right is granted, then the invention of medical use of the substance is based on the drug claim or an example.
"application in pharmacy", "application in preparing drugs for treating certain diseases" and so on.
The patent application for the right to use belongs to the type of pharmaceutical method, which is not within the scope stipulated in the patent law.
Article 25 The circumstances specified in Item (3) of Paragraph 1.
Review Guide Page 126: Although the method of using drugs to treat diseases cannot be patented, the drugs themselves can be patented.