Generally, the application for a patent for invention is about 2 years, the utility model is 6-8 months, and the design is 4-6 months.
Submit the request for invention patent, the claim, the specification, the abstract and the request for substantive examination to China National Intellectual Property Administration; Pay the application fee after receiving the admission notice and payment notice; Receiving the notice of review opinions and replying to the review opinions; If authorized, you will receive authorization notice and registration notice, pay the registration fee, and receive the patent certificate; If rejected, you will receive a rejection notice.
How can the patent application for traditional Chinese medicine be successful?
1, product invention needs the protection of a product. Traditional Chinese medicine products are usually compound preparations, but prescriptions cannot be granted patent rights, because prescriptions are prescribed by doctors according to the specific patient's situation, which is a process of dispensing medicines, which does not conform to the practicality stipulated in the patent law, that is, the word prescription cannot be used in actual operation. Single drug extract (effective part)
Single compound with clear structure: it belongs to the field of organic chemistry and is defined by structure.
② Extract with unclear structure: Because the composition and content of the finished product are different from the raw materials, there is no compatibility feature between the raw materials. The characteristic part of the claim should be defined by the raw materials and the production process (preparation method), and the production process should include production steps, process conditions and parameters.
2. If the product has a unique production process or the production process of a known product has been improved, you can apply for a method patent. As a claim for the preparation of drugs, its characteristic part should include raw materials and production technology. The content of raw material characteristics is basically the same as that of drug claims, and the production process characteristics include production steps and production process conditions, such as temperature, concentration, pressure and time. The following situations are common:
A new preparation method of (1) product. For example, a method for extracting pearl liquid from mother-of-pearl is characterized in that the grinding wheel, manual grinding and hydrochloric acid hydrolysis processes in the prior art are improved into acetic acid as stripping agent and sulfuric acid hydrolysis, so that the yield is improved.
② Determination method. For example, for the method of determining the content of effective components, Indian has submitted a patent application to China, which is about the method of determining and identifying the components of extracts from plants or animals, natural or synthetic sources by using chromatographic fingerprints.
③ Planting methods of Chinese herbal medicines.
④ Processing, storage and preservation methods of Chinese herbal medicines.
3. This kind of application refers to the application for invention patent, which discovers the inherent new properties or functions of the product, but has not been recognized so far, so that the product can be used in new fields or uses. For example, aspirin used as antipyretic and analgesic can be used to treat cardiovascular diseases (antithrombotic). At the time of writing, the claim can be divided into preface and characteristic part, but it should include the applicable object and the applicable field or use, such as the application of aspirin in preparing drugs for treating thrombosis.
The above is about "how long does it take to apply for a patent for Chinese medicine formula?" "If you have any other questions, please consult our professional consultants at the Intellectual Property Office.
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