Study Of Chinese Herbal Compound Patent Protection Strategy

PrefaceChinese medicinal and its complex descriptions are the highest pearls in Traditional Chinese Medicine with a unique theoretical system and an abundant clinical experience. As China taking its steps into WTO, the competitions between industries of Chinese medicinal is becoming more and more fierce. Thus enforcing the research in patent protection of Chinese medicinal and protecting independent intellectual property of Chinese medicinal are matters of paramount importance. Since the patent protections of pharmaceuticals is a subject of relatively short period in our country, there exists many misunderstandings and misoperations among pharmaceutical and medical professionals in China when they are seeking for patent protections of Chinese medicinal. This research will analysis the current situation of our country in patent protections of Chinese medicinal, discuss the existing problems and misunderstandings, enrich the theoretical research on patent protections of Chinese medicinal in our country and make some suggestions in the strategy of protecting Chinese medicinal's complex descriptions through patent system.1 The emergence and development of intellectual property protection for Chinese medicinal in ChinaChinese medicinal has a long-lasting clinical history during which people has summarized many effective combinations of complex descriptions. Secret recipes and brand protections are traditional forms to protect research achievements. Modern forms of protecting intellectual property of Chinese medicinal include many administrative methods such as patent protection, brand protection, copyright protection, commercial secret protection, anti-unfair competition, new herbal species protection, new drug protection and Chinese medicinal species protection, of which the most effective is patent protection.2 The current situations in protecting the complex descriptions of Chinese medicinalThe technical topics involved in the patent of Chinese medicinal are very extensive—as long as the technical improvements can bring about benefits—fromraw materials to finished products and any parts in manufacturing, mainly including materials of medical value > effective constituents * novel use of the drugs and innovations in manufacturing techniques.Products and approaches occupy a great proportion of the objects in Chinese medicinal patent-applying. The inventions of drugs are more if the incidences of diseases are higher. In the aspect of drug forms, alcoholic forms are more than orally-took ones and pellets and more than injected ones.In China, medical and pharmaceutical enterprises prefer other administrative protection such as species protection. Patent protection is still not their first choice to protect their intellectual property. Currently, as long as the industry of Chinese medicinal is concerned, lots of problems and misunderstandings exist in multiple aspects of applying and protecting patent, including the awareness of applying, the management to the process of applying and protecting, the approaches of applying and applying, the strategies and skills in patent protection and so on.3 The patent protection to herbal medicines hi V.S, Germany and Japan4 Hints on patent strategy of Chinese medicinal implied by JapanChapter 3 and 4 analysis the patent protection to natural medicines in developed countries, highlighting the Chinese medicinal patent strategy of Japan and its suggestion to China's patent protection on Chinese medicinal.5 Suggestions to Chinese patent strategy of Chinese medicinal's complex descriptionshi accordance with the characteristics of Chinese medicinal's complex descriptions a patent strategy is brought up which includes that to make sure whether to apply patent, how to seize the opportune moment to apply, the tactics in applying patent for drugs combinations, to seek for dual protection of both patent and technical secret, to preserve the right actively after gaining the patent, how to shorten the interval between authorizing and enforcing, to innovate continuously in order to prolong the allotted time and to apply international patent, seizing international market.With the aim of strengthening the patent protection, many suggestions are discussed such as legislating on Chinese medicinal patent protection, carrying out...