Not necessarily. According to the provisions of China's patent law, pharmaceutical patents cannot be granted under the following circumstances:
(1) The drug for which the patent is applied has no medical effect or the medical effect is not credible. Some applications never disclose the function of the drug in the specification and claims, but only give the composition and preparation method of the drug. This application has no use value and practicality, because drugs have no medical effect; If the medical effect of the applied drug is not credible, and the applicant has no credible evidence to prove the exact medical effect of the patented drug, in this case, the applied drug is not practical because it has no medical effect.
(2) The drug for which a patent is applied contains substances that cannot be industrially produced or regenerated in large quantities. If the application is for a product, then the product must be able to be manufactured in industry. If some ingredients in the raw materials of patented drugs are only suitable for manual production, or its output is too low to be produced on an industrial scale at all, this product has different practicability.
(3) The effect of the drug in the patent application may be detrimental to the public interest.
(4) The pharmaceutical preparation method in the patent application is limited to manual operation, which is not suitable for industrial production.
An enterprise may propose to reduce or exempt the patent application fee and submit it to China National Intellectual Property Administration after examination by the Intellectual Property Office. Generally, a certain reduction is given, and the cost is generally between 300- 1200 yuan. There are three kinds of patents in China: invention, utility model and design. The standard official fee for applying for an invention patent is 3450 (including the application fee of 950 and the substantive examination fee of 2500), which can be reduced to 1070 if the company's expenses are reduced, and to107560 if the personal expenses are reduced; An annual fee of 255 pounds and the year of authorization must be paid at the time of authorization registration.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC) Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Article 22 An invention or utility model that has been granted a patent right shall be novel, creative and practical. Article 5 No patent right shall be granted for inventions and creations that violate laws, social ethics or harm public interests.