My classmate is engaged in pharmacy. What are the necessary conditions for granting a drug patent right?
Patent right refers to the exclusive right or exclusive right enjoyed by the inventor or his assignee according to law within a certain period of time. Patent right is an exclusive right. Once it exceeds the protection period stipulated by law, it will no longer be protected by law. So what are the three necessary conditions for granting a patent right? What are the three necessary conditions for granting a patent right? Necessary conditions for granting patent right 1. Novelty and novelty mean that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used in China or known to the public in other ways, and no identical invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the filing date. In some special cases, although the invention or utility model for which a patent is applied has been made public before the filing date or priority date, it is still novel if a patent application is filed within a certain period of time. China's patent law stipulates that an invention-creation applying for a patent will not lose its novelty under any of the following circumstances within six months before the filing date: 1) it was first exhibited at an international exhibition sponsored or recognized by the China government; (2) It was first published at a designated academic conference or technical conference; 3) Others disclose its contents without the consent of the applicant. Necessary conditions for granting a patent right. Creativity means that compared with the prior art before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. For example, patented inventions solve technical problems that people are eager to solve but have not solved; Patent invention overcomes technical prejudice; The patented invention has achieved unexpected technical effects; This patented invention is a commercial success. # # The invention or utility model for which a patent is applied lacks technical means, the technical scheme for which a patent is applied violates the laws of nature, or the technical scheme completed by using unique natural conditions is not practical. According to the patent law of our country, novelty and aesthetics are the necessary conditions for obtaining patent right for design. Novelty means that the design applied for a patent is not the same as or similar to the design published in domestic and foreign publications before the filing date, and is not the same as or similar to the design publicly used in China before the filing date; Aesthetics means that external design can make people feel beautiful when used in products and increase the attractiveness of products to consumers.