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Patent Protection And Infringement Analysis For TCM Complex Descriptions

Posted on:2007-08-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y YouFull Text:PDF
GTID:1116360182993063Subject:Pharmacy
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The present paper studied patent protection of TCM complex description (TCMCD) systematically for the first time, representing the current situation and difficulties existing in TCMCD patent application by means of sampling statistics. The paper made some discussions on patent infringement and demurring patent tort of TCMCD by case study and theory induction. The paper applied the patent analysis tools into TCMCD patent literature study for the first time too.Patents provide very powerful legal remedies against infringers, and it has become a strategic weapon in competitions. TCMCDs are the highest pearls of TCM clinical experiences. The core of TCM patent protection is to get efficient protection for TCMCDs. So it is urgent to use patent system fully and efficiently to protect and stimulate the invention creation of TCMCD.The results of patent study for TCMCD technical trend and current situation showed that: (1) Since the year of 2001, the R&D for TCMCDs in China has being coming into a high-tide phase;the R&D techniques related to TCMCDs is growing faster than ever;the proportion ratios of service invention-creation are growing up yearly;all the development trends could be held in the future years.(2) The difficulties of TCMCD patent protection are as followings: the unclear active components of TCM compounds limit the patent subject matters;the weakness basic study for TCMCDs makes the related technique level lower. Based on the results, we put off some suggestions and countermeasures as follows: (1) Strength the basic study of TCMCDs. (2) Carry out the TCM patent strategy study. (3) Make the patent knowledge popular in TCM industry personnel. (4) Implement the property right stimulation policy in universities and research institutions. (5) Determine the utility, novelty and non-obvious requirements for TCMinventions objectively. (6) Use patent portfolio strategy to improve the effectiveness of the TCMCDs patent protection.The paper demonstrated British Phytopharm Pic patent portfolio strategy as one fresh example for researchers to see. It is suggested that enterprises should build patent portfolio from various angles to protect TCMCD research fruits according to their own business objectives.In the second part of TCMCD patent infringement study, the results showed that: (1) The TCMCD patent infringement should be determined comprehensively together with TCM theory and claims written manner in according to the literal infringement or equivalent infringement or others. (2) The protection effectiveness of manufacture process patent for TCMCDs is weak. (3)Choose proper demurring patent tort to vindicate one's interests during litigation.According the above results, the suggestions are as follows: (1) According to TCM characteristics and the enterprises business goal, choose the best protection way for the research fruits. (2) By means of full investigation of prior arts, utilizing the claim written tips, and building patent portfolios to enhance TCMCD patent defense and attack capability. (3)Strengthen the study of TCMCD patent infringement and demurring patent tort.
Keywords/Search Tags:TCM complex description, patent protection, patent analysis, patent portfolio, patent infringement
PDF Full Text Request
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