Involved In Traditional Chinese Medicine Syndrome, Disease, Syndrome Of Traditional Chinese Medicine Research Of Invention Patents

China’s outstanding traditional Chinese medicine theory, especially the core of traditional Chinese medicine theory—the syndrome, the disease of traditional Chinese medicine and the symptom of traditional Chinese medicine,and the Chinese medicine treatment techniques which under the guidance of the theory, play a significant role in the baking of protecting the public’s physical and mental health. At the same time, according to the traditional Chinese medicine theory and clinical practice, the use and implementation of Chinese herbal medicine are guided by the syndrome、disease and symptom theory,but now, the applicant in order to comply with the provisions of the Patent Law to protect their own inventions as much as possible, Most of the cases are avoid the theory of syndrome、disease and symptom of TCM, but use the western disease name or disease pathology to explain the efficacy of traditional Chinese herbal medicine. And this will result in that the excellent traditional Chinese medicine theory of handed down for thousands of years will gradually wash out and be on the wane.The purpose of the establishment of regulations on our country patent is to protect the lawful rights of the patentees, to encourage more innovation and invention its appliance, to enhance the innovation abilities, then to promote the development of science technology and our social economy. So many TCM experts and scholars have called for that the our excellent traditional Chinese theory especially syndrome、disease and symptom of TCM in the current circumstances, should actively working with the patent system as a certain form at some extent.in order to develop the syndrome、disease and symptom of TCM with the purpose of the patent system.Objects:the paper combine the patent protection system with the traditional Chinese medicine effectively, to explore the possibility that the syndrome, disease and symptom of TCM as the new object of the patent, to explore what and how the syndrome, disease and symptom of TCM whether as the technical programs or composition of the technical features program to get the patent system protection. To study the syndrome、disease and symptom of TCM as a form of technology constitute of the patent object.Methods:the study methods include literature study, case study and specialist consultation. Firstly.this study paper use literature study and specialist consultation summarized the concepts and properties of the syndrome, disease and symptom of TCM and their mutual relation; Secondly, access to research and analysis through case study.to discuss the patented possibility of the syndrome、disease and symptom of TCM from the multi-faceted,and how to use this patent system for the traditional superiority of Chinese medicine has better protective mechanism.Conclusion:This paper through the literature study and specialist consultation shows that the syndrome and disease of TCM as a basis concept only is an objectively summarize theory, because of their own special nature, they can not serve as the direct object of the patent, the symptom of TCM because of its simple and intuitive concept, also can not serve as the direct object. The syndrome、disease and symptom of TCM can not be the direct protection of the patentThe paper through the typical case study method show that according to the different connotation and denotation of the syndrome、disease and symptom of TCM, when them disorder to some extent as the technical features,rather than as a theoretical concept, use certain application forms of expression in the patent text,they can be combined with other technical features to form some certain technical program which may be recognition of patent law protection.