1. The formula of traditional Chinese medicine is not novel, creative or practical.
2. The formula of traditional Chinese medicine violates laws, social morality or harms public interests;
3. Other circumstances.
legal ground
Article 2 of the Patent Law of People's Republic of China (PRC) shall come into force on June 1 20265438.
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.
Article 22
Inventions and utility models granted patent rights should be novel, creative and practical.
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.