At present, hospitals apply for patents for most of their instruments, sanitary materials, and drug configuration processes and methods. There is still a lot of room for methods, traditional Chinese medicine, new uses of drugs and biological materials. According to the content of the request for protection, chemical, biological, pharmaceutical field can apply for invention patents can be divided into three categories of products, methods and uses:
1, chemical products. This 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. Methods of preparing chemical products, such as methods of preparing herbal compositions for the treatment of diabetes; a method of preparing an antioxidant peptide by enzymatic digestion from peas, a method of preparing a gene or protein with a certain function.
3. Inventions for the use of chemical products. Chemical medicine use if the "for the treatment of disease", "for the diagnosis of disease", "as a drug application" and so on such as the claim for patent application, belongs to the patent law. Article 25(1)(c) of the Patent Law states that "methods of diagnosis and treatment of diseases" are not patentable; however, since pharmaceuticals and their preparation methods are patentable under the law, the invention of a substance for medicinal purposes is not patentable if the invention is based on a claim for a pharmaceutical or a claim for a drug, such as "application in pharmaceuticals However, since pharmaceuticals and their methods of preparation are patentable by law, pharmaceutical use inventions of substances can be patented if they are applied for with a pharmaceutical claim or a claim of use such as "application in pharmaceutics" or "application in the preparation of a drug for the treatment of a certain disease". D disease drugs.
Since the medical field also involves biological materials, applications may also be filed for inventions involving the subject matter of genes, vectors, recombinant vectors, transformants, polypeptides or proteins, fusion cells, and monoclonal antibodies, and the claims may include the product itself of the above subject matter, the method of preparation, and the use. 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".
See in the field of medicine in the patentable content of a lot, need to pay attention to the accumulation of doctors friends in their daily work, think out of the box. For example, medical personnel in their daily work in contact with the most is the case, doctors published articles are mostly based on case studies, case studies of statistical results and can not directly apply for patents, if the literature survey and experimental research, to clarify the relationship between the disease and some of the genes, these statistical results can be transformed into patentable content. In terms of the form of application, this can be in terms of kits, primers, probes, detection reagents, etc., for detecting gene A, as well as in terms of the use of gene A in the preparation of kits for detecting certain diseases. Another example is that clinicians usually apply a variety of drugs in combination based on their experience, and the results of these combined drugs that can achieve good therapeutic effects are very important patent applications in terms of the application of drugs in the presence of novelty and inventiveness, which is also the content of patent applications that many enterprises attach great importance to after the listing of their drugs, and hospitals are the main origins of these results. Therefore, health care workers can combine their work, dig out a lot of patentable content, and effective transformation of the results.