Can I apply for a patent for a medicine with an ancestral secret recipe?

You can apply for a patent for a medicine with a secret recipe from your ancestors. According to the relevant laws and regulations, if the secret recipe is unique, innovative and novel, you can apply for a patent for invention or utility model. To apply for a patent for invention or utility model, a written request, a specification, an abstract thereof, a patent claim and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall clearly and concisely define the scope of patent protection on the basis of the specification.

What China's patent law protects is that the inventions mentioned in this law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. In real life, what we call ancestral secret recipe usually refers to the formula or production process, or it may be the diagnosis and treatment of diseases. If it is a formula or manufacturing process, this kind can only apply for an invention patent. But if it is the diagnosis and treatment of diseases, you can't apply for a patent. Specific to how to declare a patent, you can hire a patent agency to write patent application documents and submit the application documents to the State Intellectual Property. Those who meet the requirements for granting a patent right after the examination of national intellectual property rights can obtain a patent right.

Legal basis: Article 26 of the Patent Law of People's Republic of China (PRC), when applying for a patent for invention or utility model, a request, specification, abstract, patent right and other documents shall be submitted. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained.