On The Patent Protection Of TCM Compound

The patent of TCM (traditional Chinese medicine) compound is an important content in the traditional Chinese medicine protection, currently, the measures on the patent protection of the TCM compound are not perfect enough. From theory to practice, from macroscopic to microscopic, the study on TCM compound of patent protection is very important. Because its Constituent, which is difficult to identify, is complex, there are many difficulties in awareness and operation.The technique topic of TCM compound is the primary issue which the thesis discussed, including : Chinese medicine materials, TCM compound formulations, TCM compound processing techniques, efficacy of medicine materials, the plant gene in the TCM compound .Followed the development of the western medicine ,U.S., EU, Japan and other countries researched the herbal medicine ,its main scope of patent protection is herbal extracts, and they didn't admit Chinese formulations; we can explore protected mode by comparing formulations of TCM compound with the computer software ,and use Thailand's legislations for reference.The core contents of the patent application for TCM compound are"three Characteristics"reviewing, so we suggest building up special reviewing rules for TCM compound patent by combining the features of TCM. In the practicability reviewing, it's need to lower the standard appropriately; in the novelty reviewing, it can be analyzed from three core vocabularies:"open", "public", "same". We can using the meaning of formal sameness in the novelty reviewing, which is closed to the" completely same" standard, whether it is essential same,it should be judged by the creativity reviewing; It needn't to lower the reviewing standard in the creative review," Prominent substantive results and the significant progress" is an abstract standards, it is necessary to make a new interpretation by combing the characteristics of TCM.It is lack of protection measures for TCM compound in current invalid announcement reasons, It contains very important meanings to introduce revealing creature material resource; We can draw lessons from foreign ways in establishing lawmaking mode, need to reveal the creature material resource whether using or involved in the patent application ,if it is not announced or with a false information, then can reject the patent application or announce the patent invalid.To judge the patent infringement of TCM compound , should clean Chinese patent infringement responsibility principle in patent firstly, some items in the patent law need to be adjusted ;it is need to affirm the TCM infringe judgment standards by combing the special features of Chinese herbal medicine ;Comprehensively adopt the surplus appointed principle, wait together a principle, and TCM modern technique such as fingerprint etc; The amount of damages for TCM compound patent infringement can be determined by learning from the United States and Japan.