Study On Patent Protection Of Chinese Traditional Medicine

The present thesis, linked with the patent system, studies the patent protection of the traditional Chinese medicine. First of all, the traditional Chinese medicine, the object of the present study, was defined with afresh ideas, on the consideration that the extension of traditional Chinese medicine's definition will be related to the scope of its patent protection. Traditional Chinese medicine takes Chinese medicine theory as guidelines for clinical practice, which features with its pharmacal attribute, functions, and what it mainly cures. From the perspective of function, traditional Chinese medicine is the general name for Chinese medicinal materials named by traditional Chinese medicine terms, sliced traditional Chinese medicine and Chinese patent medicinal herbs of preparation. Thereafter, the present study analyzed the current situation of traditional Chinese medicine patent protection at home and abroad, and made the conclusion that there are insufficient parts in the current patent system for the patent protection of traditional Chinese medicinal materials, traditional Chinese medicine characteristics and traditional Chinese medicine compound. Next, the rationality of patent protection for the traditional Chinese medicine was analyzed. However, the present thesis is not out to discuss the purely logic question without real value—whether intellectual property system should be set up. In fact, during the discussion on the rationality of the intellectual property protection of traditional Chinese medicine, the present researcher, for the logical demands, made a breakthrough to the thought tendency existed in the intellectual property protection of traditional Chinese medicine. Furthermore, the study distinguished the following two questions: the feasibility and necessity of intellectual property protection for traditional Chinese medicine and how to protect the intellectual property in the specific field—traditional Chinese medicine. The research holds the view that there isn't a logical positive connection between these two questions. We can't deny the necessity and feasibility of intellectual property protection for traditional Chinese medicine, even though no better protection strategy could be created in accordance with the extant patent system. Following the analysis on the necessity of patent protection for traditional Chinese medicine, the feasibility of the traditional Chinese medicine and the object of patent protection were mentioned and explored. In addition, based on the carefully specified traditional Chinese medicine field, patent protection system of traditional Chinese medicine has been ultimately constructed. The most difficult point in this article lies in the study on special patent system of traditional Chinese medicine, including the modification to the novelty, creativity and practicability of traditional Chinese medicine, as well as the introduction of patent source revealing into the requirements of patent examination and approval.