Study On The Patent Protection Strategies For Chinese Medicine

Nowadays, Chinese Medicine(CM) is likely industry that could obtain the independent intellectual property in China. Under present circumstances, there is a great problem that how to make good use of the patent system neatly and effectively to solve, in order to protect the legitimate rights and interests for CM in China and overseas, make CM obtain the added marketable share, make CM obtain the added economic benefit and societal benefit, accelerate the development of CM Industry healthily and fleetly. Nowadays, there are many problems among the patent protection work for CM in China, for example, quantities of application for patent are small, and the proportion of application for patent for a non-service is high, and the proportion of application for a patent for invention is low, and the technology degree of patent is low, and the use of patent technology is not regarded, and information of patent document is ignored and so on. If these problems cannot be solved effectively, the CM industry will not develop successfully and induce tremendous loss. With the development of science and technology and strengthening of consciousness of patent protection, there are many problems of patent protection for CM appearing continuously, but many managers and researchers of pharmacy companies cannot understand and do with them correctly. So the important and difficult problems were research in the paper.Through some research methods, such as compare research, survey research, document search, SWOT and so on, the important and difficult problems of patent protection for CM were research in the paper, and the reasons were put forward, moreover some corresponding strategies were put forward in the paper, in order to help the managers and researchers of pharmacy companies and government solve the problems of patent protection for CM effectively, enhancing the competitive capacity of CM industry, accelerate the development of CM Industry healthily and fleetly.First, functions and significance of patent protection for CM were introduced, and the purpose and significance of this research were explained in the paper, in addition the thoughtway and methods were explained too.Second, 15 important problems of patent protection for CM were researched in the paper, they are as follows, the problem of basal types of patent for invention for CM, the problem of basal area of patent protection for CM and application ways, the problem of patent document search, the advertent problems of patent application, the problem of the relation between patent application and publishing the thesises, the problem of opportunity of patent application, the problem of equal principal on patent for production invention for CM, the problem of novelty for patent application on classical and experiential prescriptions and pharmaceutical preparations for CM, the problem of quantity of patent application and technology degree of patent for CM in China, the problem of the relation between patent protection and technology secret protection, the problem of international application for patent for CM, the problem of the relation between patent protection and drug research, the problem of cultivating patent person with ability and establishing the patent organ, the problem of comparingbetween the patent protection system and the protection system for certain CM preparations, the problem of development mode and patent strategies of the pharmacy MultiNational Corporation, furthermore the corresponding countermeasures were put forward in the paper. In addition, some suggestions on the government accelerating the development of patent protection for CM were put forward in the paper, in order to help the government construct the favorable circumstance of patent protection for CM. Third, the strength, weak, opportunity and threaten of patent protection for CM were discussed in the paper, in order to make the patent protection work for CM avoid the weak and threaten, as the same time, make use of the strength and opportunity to develop successfully.Last, the important contents of research were summarized, moreover the wish for patent protection career for CM was put forward in the paper.