Why can South Korea apply for a patent for traditional Chinese medicine?

First of all, patent application is limited to nationality, that is to say, the same technical scheme or product or design can be patented in any country, and can also be applied by anyone or any unit. Therefore, if China can apply for South Korea, it can do so as long as they can come up with their own innovations.

Secondly, the so-called novelty is not the nature of the industry, but the nature of the technical scheme, that is to say, the so-called novelty refers to whether the technical scheme of the patent application is novel, not whether there is an industry of traditional Chinese medicine.

Finally, there is no patent for the diagnosis and treatment of diseases. This article should be based on the detailed rules for implementation, examination guide and legislative purpose of the Patent Law. The examination of straight men lists in detail which methods belong to the diagnosis and treatment of diseases. The legislative purpose of this article is to remove the monopoly of diagnosis and treatment methods, affect the treatment of patients, and thus endanger the lives of patients. Therefore, the production method of drugs is protected, because it will not affect the treatment of patients, but will benefit the inventors, which is in line with the legislative purpose of the patent law.