1. Chemical products. Includes compounds, compositions, chemical products described by appropriate chemical and physical parameters and/or preparation methods. Examples include herbal compositions for the treatment of diabetes, an antioxidant peptide obtained from peas using enzymatic methods, genes or proteins having a certain function.
2. Invention of chemical product uses. If a patent application is filed for the use of a chemical product for medical purposes with a claim such as "for the treatment of a disease", "for the diagnosis of a disease", "for application as a drug", etc., the invention belongs to Article 25(1)(b) of the Patent Law. Article 25(1)(c) of the Patent Law states that a patent cannot be granted for a "method of diagnosing or treating a disease".
But since pharmaceuticals and their preparation methods are patentable under the Patent Law, a pharmaceutical use invention of a substance is not patentable if it is applied for by a pharmaceutical claim, or by a claim of use such as "application in pharmaceutics" or "application in the preparation of a drug for the treatment of a certain disease". A patent may be granted if a patent application is filed with a claim for a pharmaceutical claim or a claim for a pharmaceutical method such as "application in making a medicine" or "application in preparing a medicine for treating a disease".
3. Since the field of medicine also involves biological materials, applications may also be filed for inventions involving genes, vectors, recombinant vectors, transformants, polypeptides or proteins, fusion cells, and monoclonal antibodies as subject matter.
The claims may include the product itself, the method of preparation, and the use of the above subject matter. If the use for which protection is sought is related to the diagnosis and treatment of a disease, it should be written as "application in pharmaceutics" or "application in the preparation of a drug for the treatment of a disease".
Expanded
Patent characteristics:
1, exclusivity
that is, exclusivity. It refers to a certain time (patent validity) and region (legal jurisdiction), any unit or individual without the permission of the patentee shall not implement its patent.
For invention and utility model, i.e., may not for the purpose of production and management of manufacture, use, promise to sell, sell, import their patented products. For the design, that is, not for the purpose of production and management of manufacturing, sales, sales, importation of their patented products, or is an infringement.
2, regional
Regional refers to the patent is a kind of regional scope of rights, it is only in the legal jurisdiction of the effective. Except in some cases, according to the international conventions for the protection of intellectual property rights, and individual countries recognize the validity of patents granted by another country, technical inventions in which country to apply for a patent, by which country to grant patents.
And it is valid only within the boundaries of the country where the patent was granted, while it is not legally binding on other countries, which are not under any obligation to protect it. However, the same invention can be patented in two or more countries at the same time, and once approved, the invention can be legally protected in all the applying countries.
3. Temporal
Temporal refers to the fact that a patent is only valid for the period of time specified by law. After the end of the effective period of protection of the patent right, the patentee enjoys the patent right will be automatically lost, generally can not be renewed. The invention becomes a public asset with the end of the term of protection, and others are free to use the invention to create products.
The length of time a patent is legally protected is determined by the patent law of the country concerned or by relevant international conventions. Patent laws of countries around the world vary in their provisions on the duration of patent protection.
Baidu Encyclopedia-Patents
Source: Baidu Encyclopedia-Patents for Drugs