Recently, there has been a lot of buzz online about Japan's rush to register a large number of ancient formula patents. Traditional Chinese medicine is a treasure of the Chinese nation and has extremely important value in preventing and treating diseases and maintaining people's health. It should be noted that traditional Chinese medicine cannot apply for national patents, but traditional Chinese medicine formulas can apply for patents. So, how can traditional Chinese medicine apply for patents?
The first step is patent application. For patent application, the applicant shall first file a patent application with the China National Intellectual Property Administration. When filing a patent application, the applicant shall submit the necessary application documents and pay the relevant fees as required. Patent applications can be submitted in written or electronic form.
Step 2: The Patent Office accepts the application. After the applicant submits the patent application, the Patent Office determines the patent application date, provides the application number, and issues an acceptance notice. Payment Notice "or" Approval Notice for Cost Reduction ", the application fee shall be paid within 2 months from the date of receipt of the acceptance notice.
The third step is preliminary examination. After the patent office accepts the application, it conducts a preliminary examination of the patent application. After passing the preliminary examination, it shall be announced within 18 months from the date of application.
The fourth step is substantive examination. If the preliminary examination of the invention patent is qualified or the supplementary application is qualified, the Patent Office will initiate substantive examination of the patent application. Substantive examination mainly evaluates the novelty, creativity, practicality, etc. of patents. If the substantive examination is qualified, and the patent office grants patent rights to the invention patent application that is unqualified, the applicant shall modify the application documents accordingly, grant patent rights to qualified applicants, and reject patent applications that are unqualified.
The fifth step is the grant of patent rights. After receiving the notification of patent grant, the applicant needs to complete the registration procedures. The applicant shall pay the patent registration fee, annual fee, and announcement printing fee within the prescribed time limit, and also pay the stamp duty on the patent certificate. The applicant can only obtain the patent certificate after completing the registration procedures.
So, what are the benefits of applying for a patent?
1. Protection of Invention Achievements
2. Strive for initiative in the market
3. The country has supportive policies for patent applications
4. Patent rights are protected by national patent laws
5. Preventing infringement by others
6. Patents are a reflection of a company's strong strength
7. Patent technology can be sold (transferred) as a commodity
Have you failed to learn? Regarding questions related to traditional Chinese medicine patents, please leave your questions in the comment section!