2. Invention of chemical products. An application for a patent for the medical use of chemistry with the claims of "used for treating diseases", "used for diagnosing diseases" and "used as medicines" belongs to Item (3) of Paragraph 1 of Article 25 of the Patent Law, and no patent right can be granted.
However, because drugs and their preparation methods can be granted patent rights according to law, for pharmaceutical use inventions of substances, if you apply for a patent with drug claims or use claims belonging to the type of pharmaceutical methods, such as "application in pharmacy" and "application in preparing drugs for treating certain diseases", you can be granted patent rights.
3. Because the medical field also involves biomaterials, you can also apply for inventions with the theme of genes, vectors, recombinant vectors, transformants, polypeptides or protein, fusion cells and monoclonal antibodies.
Claims may include the product itself, preparation method and use of the above-mentioned subject matter. If the application for protection is related to the diagnosis and treatment of diseases, it should be written as "application in pharmacy" and "application in preparing drugs for treating certain diseases".
Extended data
Patent features:
1, exclusive
That is exclusivity. Refers to a certain period of time (within the validity period of the patent right) and a certain area (within the legal jurisdiction), no unit or individual may exploit its patent without the permission of the patentee.
For inventions and utility models, it is forbidden to manufacture, use, promise to sell, sell or import patented products for production and business purposes. For a design, it is forbidden to manufacture, promise to sell, sell or import its patented product for the purpose of production and operation, otherwise it is an infringement.
2. Regionality
Regionality means that the patent right is a right with geographical restrictions and is only valid within the legal jurisdiction. Except in some cases, according to the international convention for the protection of intellectual property rights, individual countries recognize the validity of the patent right approved by another country, and in which country is the technological invention granted the patent right.
Moreover, it is only valid within the scope of the patent granting country, and it is not legally binding on other countries, and other countries do not undertake any protection obligations. However, the same invention can be patented in two or more countries at the same time, and its invention can be protected by law in all the applicant countries after it is approved.
Step 3 be timely
Timeliness means that a patent is only valid within the time limit prescribed by law. After the expiration of the effective protection period of the patent right, the patent right enjoyed by the patentee will be automatically lost and generally cannot be renewed. With the end of the protection period, the invention becomes the public wealth of the society, and others can freely use the invention to create products.
The term of patent protection prescribed by law shall be stipulated by the patent law of the relevant countries or relevant international conventions. The patent laws of all countries in the world have different provisions on the duration of patent protection.
Baidu encyclopedia-patent
Reference source: Baidu Encyclopedia-Drug Patent