Legal analysis: The patent application for drugs should be novel, creative and practical. Novelty means that the invention or utility model does not belong to the existing technology, and before the filing date, no unit or individual has filed an application for the same invention or utility model with the patent administration department of the State Council, and it is recorded in the patent application documents or patent documents published 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.
Legal basis: Article 25 of the Patent Law of People's Republic of China (PRC) does not grant a patent right for the following matters: (1) Scientific discovery; (2) rules and methods of intellectual activities; (3) Methods of diagnosis and treatment of diseases; (4) Species of animals and plants; (5) Nuclear transformation methods and substances obtained by nuclear transformation methods; (six) the design of the pattern, color or the combination of the two. The production method of the products listed in Item (4) of the preceding paragraph may be granted a patent right in accordance with the provisions of this Law.