Whether the new common beverage formula can be patented.

Yes, if the formula is used, you can only apply for an invention patent (the utility model can only protect the physical structure).

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Applying for substantive examination of invention patent in China National Intellectual Property Administration is not only long-term, but also difficult.

The cost is also relatively expensive (the cost of entrusting an agency to write application documents+the official fee paid to the state), and the official fee can be reduced or exempted.

Specific national intellectual property rights are available in official website.

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You must find out what the purpose of your application is, or do you really want to protect this formula? Or just want to get an application number?

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First of all, if you just want to get an application number, such as evaluating professional titles and reporting projects, just find a cheap institution and tell them.

You just need to enter the substantive exam (because your application number is already available at this time)

You can even write it yourself, but be careful.

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Second, if you want to protect this formula and use it for profit, it is recommended to write the application documents carefully! There is a great chance that patents in this field will be circumvented, which may be "waste patents" under authorization, and the scope of protection is extremely small.

Changing the ingredients of a formula (such as changing the percentage of ingredient A in the formula) will avoid your patent and produce other drinks, and you can't sue him yet.

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Another way of thinking:

Another method is to regard the formula as a trade secret, and many companies do not apply for the patent of beverage formula.

(Because after applying for a patent, the contents of the patent will be made public, which means that your inventor will get legal protection at the expense of leaking technical secrets. )

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However, if someone else drinks your drink and it is impossible to analyze the formula through reverse engineering, is it necessary to make the technology public and apply for a patent?

The formulas of Coca-Cola, Laodopted Mother, Wang Zhihe and other drinks and foods are not disclosed. People didn't apply for these patents and sold them directly in the market because others couldn't buy them from Coca-Cola.

What formula is used in the analysis?

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I just want to give you more ideas.