Current location - Health Preservation Learning Network - Healthy weight loss - Can I apply for a patent for the beverage formula?
Can I apply for a patent for the beverage formula?
Legal analysis: you can apply for a patent. It is necessary to compare the requirements of relevant laws for granting patent rights, that is, whether the formula has the characteristics of "three characteristics": novelty, innovation and practicality. However, it is difficult, risky and time-consuming to apply for an invention patent. The examination and approval procedures include five stages: acceptance, preliminary examination, publication, actual examination and authorization.

Legal basis: Article 22 of the Patent Law of People's Republic of China (PRC), the invention and utility model for which a patent is applied shall be novel, creative and practical. Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date. Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.