Legal analysis: there is no difference between the steps of applying for a medical patent and those of applying for other patents. To apply for a patent, you can go to a patent agency in China National Intellectual Property Administration, or you can set up a patent agency in the capital city of China National Intellectual Property Administration. Requirements for patent application: 1. The application documents shall be complete: request, specification, claim, abstract, picture or photograph; 2. Inventions (achievements) should have "three characteristics" (novelty, creativity and practicality). The specific requirements are mainly that others have not applied and the achievements have not been made public (disclosed at international exhibitions, academic conferences and technical conferences, except for disclosure without the consent of the inventors); 3. China's patent examination system is: early disclosure and request examination system (substantive examination) are adopted for invention patent applications; Formal examination of utility model patents and design patents. (The so-called formal review is also called registration system or non-review system. The main contents of the review are whether the application documents meet the requirements and whether the invention is repeated. After publication in the Gazette, if there is no objection within the time limit, it will be authorized. After everything is ready, it can be accepted on the same day and protected by law on the same day. Fees: application fee and invention application examination fee, the amount (RMB) is: invention patent application fee 950 yuan (including printing fee 50 yuan); Application fee for utility model patent 500 yuan; 500 yuan, design patent application fee; The examination fee for invention application is 2500 yuan.
Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. 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 features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.