A Study On The Patent Protection Of Modern Chinese Medicine

Chinese medicine is the outstanding traditional culture treasures of our country. With the characteristics of unique theoretical system and rich clinical experiences, Chinese medicine has a positive effect to medical profession. On the current mainstream of social trend of returning to nature, more and more people all over the world like and admire Chinese medicine. Along with the rapid development of science and technology, modern Chinese medicine comes into being. It not only inherits and absorbs the philosophy idea and systematic thinking of traditional Chinese medicine, but also includes the newest high-tech research method. The international influence of Chinese medicine has expanded day by day, which brings a new history opportunity to the development of our Chinese medicine industry. At the same time, many countries are stepping up their research and development of modern medicine. The strong challenges of international competitors make our medicine enterprise facing the tremendous external shocks. Therefore, strengthening the study of patent system of Chinese medicine, protecting the independent property right and maintain its domestic and foreign market should become a particular important issue of our medicine industry.The technology theme of the patent of modern Chinese medicine is very broad. Improvement schemes for technology which bring useful results can become the object of patent protection, from raw material to finished product and with any part of the process. On the basis of analyzing the feasibility and value of the patent protection of modern Chinese medicine, this paper point out the plight of the patent protection of modern Chinese medicine, combining with the status of domestic and foreign legal protection of Chinese medicine. Modern Chinese medicine itself has some traditional special nature. The existing patent system which establish on the basis of western chemical medicine will fail to provide the adequate and effective protection. The problems such as traditional characteristics of modern Chinese medicine, the defects of patent systems and the indifferent consciousness of medical enterprise make the infringement of modern Chinese medicine very serious. In view of the current existing problems of modern Chinese medicine, the paper point out the proposal that we should establish a new model of modern Chinese medicine. In the current international situation, appropriately amending some terms of current patent system will provide the most effective protection to our modern Chinese medicine, which not only maintain and carry forward the advantages and characteristics of traditional Chinese medicine, but also deviate from the principle of the modern patent law. In the patent examination standards, we should reinterpret and redefine the "novelty", "creativity", "practicability", "the requirements of fully open" and appropriately lowering the standards. We also should add the particular terms of the source disclosure system of patent and the theory of effective fraction, use the strategy such as modern Chinese Medicine standardization and set up intellectual property specialized agencies of Chinese medicine. All of these are aimed at construct a new patent protective model of modern Chinese medicine which closes combined with our country's present reality.