Whether the ancestral secret recipe can be patented depends on whether it belongs to the object protected by the Patent Law of People's Republic of China (PRC). In real life, what we call ancestral secret recipe usually refers to the formula or production process, or it may be the diagnosis and treatment of diseases. If it is a formula or manufacturing process, this kind can only apply for an invention patent. But if it is the diagnosis and treatment of diseases, you can't apply for a patent directly. It is impossible to apply for a patent for the secret recipe of traditional Chinese medicine. You can only apply for a patent after the secret recipe of traditional Chinese medicine is developed into Chinese patent medicine. The following contents are required to apply for a patent:
1. Formula composition and content of each component;
2. Preparation method of medicine;
3. Method of use and effective dosage of drugs;
4. Pharmacodynamic test report and clinical trial summary;
Legal basis:
patent law of the people's republic of china
Article 22 An invention or utility model that has been granted a patent right 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.
Derivative problem:
The process of patent application
(1) Filling and writing of patent application documents;
(2) Acceptance of patent applications;
(3) Pay the application fee;
(4) Patent examination and approval;
(5) actively modify and correct the patent application documents;
(6) Respond to various notices from the Patent Office;
(7) Handling patent registration procedures;
(8) Registration fee.