First, how to apply for a patent for the secret recipe of traditional Chinese medicine
1, the patent application process of traditional Chinese medicine secret recipe is as follows:
(1) The owner of the secret recipe shall submit the request, specification, abstract, patent claim and other documents to the patent administration department according to law;
(2) After receiving an application for a patent for invention, the administrative department for patent in the State Council conducts a preliminary examination for one and a half years and a substantive examination for three years;
(3) If it passes the examination, a patent certificate for invention shall be issued.
2. Legal basis: Article 37 of People's Republic of China (PRC) Patent Law.
After examining the application for a patent for invention in substance, the administrative department for patent in the State Council considers that it does not conform to the provisions of this Law, it shall notify the applicant and ask him to state his opinions or amend his application within a specified time limit; If no reply is made within the time limit without justifiable reasons, the application shall be deemed to be withdrawn.
Article 39
If the application for a patent for invention is rejected after substantive examination, the administrative department for patent in the State Council shall make a decision to grant the patent right for invention, issue a patent certificate for invention, and register and announce it at the same time. The invention patent right shall take effect as of the date of announcement.
2. What are the requirements for applying for a patent?
The requirements for applying for a patent are as follows
1, the applicant is eligible to apply;
2. The object of patent should be one of invention, utility model and design;
Inventions and utility models that have been granted patent rights shall be novel, creative and practical.