The scope of protection of pharmaceutical patents in the Patent Law is as follows:
The patents for inventions include patents for new drugs, patents for new preparation methods and patents for new applications. New drugs, including new compounds, known compounds and pharmaceutical compositions with medical uses; new microorganisms and genetically engineered products (biological products); pharmaceutical field involves new raw materials, new excipients, intermediates, metabolites, drug precursors and new preparations of drugs; new isomers; new effective crystalline form; new or extracted natural substances. New preparation methods, including new technologies, new formulations, new processing methods, production methods for new animals, new minerals, new microorganisms, new methods for extraction and purification of traditional Chinese medicines, and new processing methods. New uses of drugs, including the first discovery of their medical value, or the second discovery of their medical use, new ways of administering drugs, etc. , can apply for a patent for invention. A utility model patent is a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product. For example, a change in the dosage form, shape, and structure of certain drugs related to function; a new type of slow-release preparation; special equipment for the production of preparations; the shape and structure of diagnostic cartridges related to function; and the shape, structure, and opening and closing techniques. Single-dose dispensers and drug packaging containers. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application in terms of the shape, pattern or combination thereof of the product as well as the combination of color, shape and pattern. It mainly involves the appearance of drugs and packaging containers, such as the new shape of drugs or its matching combination with patterns and colors; new containers such as medicine bottles, bags, caps, etc. ; instruction manuals, containers, packaging boxes, etc. With aesthetic sense and characteristics.
According to Article 59 of the Patent Law, the scope of protection of the patent right for invention or utility model is subject to the content of the claims, and the specification and accompanying drawings can be used to explain the content of the claims. The scope of protection of a design patent right is based on the design of the product shown in the picture or photograph, and a brief description can be used to illustrate the design of the product shown in the picture or photograph.