Analysis Of Differences In Patent Protection To Pharmaceutical Products Between China And Foreign Countries

Pharmaceutical industry relates to the national economy and the people's livelihood which is of significant value to the country. The development of the pharmaceutical industry is established on the basis of global cooperation and competition, driven by the motivation derived from research and development ("R&D"). Patent protection and patent ownership competition are one of the issues critical to survival of pharmaceutical enterprises, which may decide the success of an enterprise in the market. The Chinese patent law has been put into effect for about twenty years. It is still young compared to some developed countries'two-hundred years patent protection history. On the other hand, about 97% of the domestically manufactured pharmaceutical products are imitation products without any intellectual property protection, which is lagged far behind the multinational companies who take advantage of the modern scientific techniques to perform the large-scaled R & D activities and consequently enjoy the benefits brought by patent protection to their products. With China's entry into WTO and Chinese enterprises participation of the international competition within a global frame, there is a need to study patent practice in different countries so as to anticipate the trend of the development in pharmaceutical patent legislation from the international perspective. Chapter I of this thesis introduces the history of the implementation and modification of the Chinese Patent Law. Also introduced is the influence of the patent law and the modification thereof to the development of pharmaceutical industries in China. Chapter II and Chapter III , by comparing the legislation in China and in other countries, analyze the attitudes in different countries as to whether to protect such claims as"method for treatment or diagnosis of disease"and how to deal with the conflicts between exclusivity of the patented pharmaceutical products and the need for maintenance of the public health. Chapter IV and Chapter V, by case laws study and analysis, specify the discrepancy in patent practice in China and in foreign countries regarding how to determine the criteria of adequate disclosure of a patent specification and how to decide the novelty of a Swiss-typed claim when the means of administration is altered.