Research On The Patent Examination Standard For Traditional Chinese Medicine

In the existing system, getting a patent right has been recognized as the strongest method to protect technology. However, in the practice of patent applications in traditional Chinese medicine (TCM), some defects and obstacles has been found in the patent system. These negative factors either prevent the TCM from being applied patent rights, which blow inventors'enthusiasm, or ignore to protect the interests of the intellectual property of TCM of original holders. On the basis of Chinese Patent Law,the author analyzes the current standard of examination in China, comparing standard on the TCM patent examination between China and other countries, and reveals the defects in the current standard. The author has made some substantive recommendations about how to improve the patent examination standard for TCM in China.The paper includes four chapters as follows:Chapter I draws a patent map about TCM patent under the current patent examination standard, which demonstrates the development trend of TCM patent objectively in recent years. The patent map provides a basis support for the specific analysis about the incubation environment for TCM patent and defects existing in the standard.Chapter II uses comparative method to compare the patent examination standard about TCM patent among United States, Japan and Europe. And it shows different attitudes on TCM patent applications and specific requirements in the procedure, and certain experience to draw on.Chapter III analyzes current defects on patent examination standard. The paper reveals the institutional flaws on the specific problems in the practice of TCM patent application, combining the patent situation analysis in Chapter I. The paper points out several major factors which affect granting patent rights, such as subject of patent application, object of patent protection, main factors in examination as to substance, the requirements of full disclosure and the examination cycle.Chapter IV sets out specific suggestions to improve the examination standard for TCM patent. This is the key part of this paper. It bases on the Patent Law and the characteristics of intellectual property rights of TCM under the purpose of protecting technology about TCM, the paper sets out some methods to remedy the defects described in Chapter III. Finally it suggests that "The Patent Examination Guide" should give differentiated treatment to TCM patent application, and set a standard which is specific and proper to characteristics of TCM.