Can I apply for a patent for medical treatment?

In the medical field, instruments and equipment used to diagnose and treat various diseases belong to the mechanical field, and other invention patent applications mostly belong to the fields of chemistry, biology and medicine. Except the rules and methods of scientific discovery, intellectual activities, disease diagnosis and treatment. Other new scientific and technological achievements produced in medical work can apply for patents as long as they are novel, creative and practical. 20 14, Shanghai Oriental Hospital transferred the patent of "artificial heart" at a price of 540 million yuan, which is the largest patent transfer contract in Pudong New Area at present and has great influence in the industry. It can be seen that as an important base of scientific and technological innovation, hospitals can produce many very valuable achievements in many fields related to human health. However, many medical staff often regard some clinical inventions as "diagnosis and treatment methods of diseases", thus losing the opportunity of patent protection. If it is clear which achievements can be patented, medical staff can sum up many achievements that can be patented from their daily work.

At present, most of the patents applied by hospitals are mainly the configuration technologies and methods of instruments, sanitary materials and drugs. There is still a lot of room in methods, traditional Chinese medicine, new uses of drugs and biological materials. According to the content of the requested protection, the invention patents that can be applied to the fields of chemistry, biology and medicine can be divided into three categories: products, methods and uses:

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. Preparation methods of chemical products, such as preparation of traditional Chinese medicine composition for treating diabetes; A method for preparing antioxidant peptides from pea by enzymolysis, and a method for preparing genes or protein with certain functions.

3. 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, since drugs and their preparation methods can be patented according to law, pharmaceutical inventions with drug claims or use claims, such as "application in pharmacy" and "application in preparing drugs for treating certain diseases", such as the application of compound X in preparing drugs for treating Y diseases, the application of gene A in preparing diagnostic kits for B diseases and the application of protein C in preparing drugs for treating D diseases, can all be patented.

As 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, and the claims can include the products themselves, preparation methods and uses of the above themes. 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".

It can be seen that there are many patentable contents in the medical field, and doctors and friends need to pay attention to accumulation and divergent thinking in their daily work. For example, medical staff are most exposed to cases in their daily work, and most articles published by doctors are based on cases. The statistical results of case studies cannot be directly patented. If the relationship between diseases and some genes can be clarified through literature investigation and experimental research, these statistical results can be transformed into patentable content. The application forms can be kits, primers, probes, detection reagents, etc. Gene a for detect and application of gene a in preparing a kit for detect certain diseases. For another example, clinicians usually use multiple drugs in combination according to experience. The results of these combination drugs, which can achieve good therapeutic effects, are very important patent applications for the application of drugs in the case of novelty and creativity. This is also the patent application content that many enterprises attach great importance to after the drug goes on the market, and the hospital is the main birthplace of these achievements. Therefore, medical staff can combine their own work, dig out a lot of patentable content, and effectively transform the results.