Chinese Patent Protection

Traditional Chinese Medicine (TCM) is the cultural treasures that inherit more thanone thousand years in China. It is not only make great contribution Chinese ethnicpeoples in the area of medical care, but also have a far-reaching influence on theworld of medicine. After China join the WTO, the patent protection become more andmore importance. However, our government and enterprise and scientific researchinstitution take no count of the patent protection for a long-term, that results in thelack of the capacity to use the patent system. At present, the research in this filedalmost concentrate on how to structure a better legal system，the research emphasis inthis paper is about the patentability of the TCM and the patent infringement under theexisting patent law, undoubtedly make research in this field can enhance the ability toprotect patent right.This paper includes three chapters. The first chapter systematic summarize thepatent protect of the TCM, first define what is TCM, then expound the conception ofthe patent protect of the TCM and introduce the general situation about the patentprotect of the TCM, and point out the open question, finally, relate and analyze thevalue and the superiority to use the patent protect of the TCM. The second chapter isto research the patentability of the TCM under the existing patent law, separatelyresearch the inventive and the creative and the practical applicability of the TCM. Thelast chapter introduce the basic knowledge of patent infringement, detailed relate andanalyze the judging principle about patent infringement, finally, this paper researchthe reality patent infringement cases, and put forward that when we judge a actionwhether infringe upon a TCM patent, we should refer to the theory of traditionalChinese medicine，take into account the claim of right and judging principle aboutpatent infringement in union.