What are the patents for medical inventions?

Legal analysis: 1, chemical products. Include compounds, compositions and chemical products described by appropriate chemical and physical parameters and/or preparation methods. For example, a Chinese medicinal composition for treating diabetes, an antioxidant peptide obtained by enzymolysis from peas, a gene with a certain function or protein.

2. Invention of chemical products. An application for a patent for the medical use of chemistry with the claims of "used for treating diseases", "used for diagnosing diseases" and "used as medicines" belongs to Item (3) of Paragraph 1 of Article 25 of the Patent Law, and no patent right can be granted.

However, because drugs and their preparation methods can be granted patent rights according to law, for pharmaceutical use inventions of substances, if you apply for a patent with drug claims or use claims belonging to the type of pharmaceutical methods, such as "application in pharmacy" and "application in preparing drugs for treating certain diseases", you can be granted patent rights.

3. Because the medical field also involves biomaterials, you can also apply for inventions with the theme of genes, vectors, recombinant vectors, transformants, polypeptides or protein, fusion cells and monoclonal antibodies.

Claims may include the product itself, preparation method and use of the above-mentioned subject matter. If the application for protection is related to the diagnosis and treatment of diseases, it should be written as "application in pharmacy" and "application in preparing drugs for treating certain diseases".

Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical.

Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.

Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.

Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.

The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.