How to declare patent for ancestral secret recipe

Where a party requests to declare an ancestral secret recipe as a patent, the owner of the secret recipe may submit a request, instructions and other documents to the patent administration department of the State Council. If the invention patent has passed the preliminary examination and approval in turn, and no reason for rejection is found after substantive examination, the patent administrative department of the State Council shall issue a patent certificate to the applicant, and register and announce it at the same time.

legal ground

Article 26 of the Patent Law of People's Republic of China (PRC)

To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted.

Article 34

After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it immediately after 18 months from the date of application. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.

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.