Conditions for applying for foreign patent of traditional Chinese medicine

The authorization conditions of pharmaceutical patent applications are basically the same as those of other patent applications, that is, they must have novelty, creativity and practicality as stipulated in Article 22 of the Patent Law. 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 characteristics and remarkable progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The above-mentioned prior art refers to the technology known to the public at home and abroad before the application date.